Gina DeCrescenzo, P.C., prides itself on holding schools accountable for physical, emotional and verbal abuse inflicted on children. If you think your child has been a victim of abuse from a school district or at the hands of district staff, it is extremely important that you act without delay.
Anyone who wishes to commence a civil lawsuit against New York State, a local government, or most government agencies (including a school district) for damages because of certain alleged conduct or negligence must first file with the State or municipal government agency a document known as a Notice of Claim and must do so within a fixed deadline after the accident or incident occurs. This is vital. Failure to file on time may result in dismissal of the case.
General Municipal Law requires that a Notice of Claim be served within 90 days after the claim arises (GML Section 50-e). Then, even if a Notice of Claim is timely filed, the lawsuit must be instituted within one year and 90 days after the incident or event upon which the claim is based.
Because of these and other stringent timelines, it is strongly advised to consult with a lawyer as soon as possible. We are here to help.