Notice of Claim Rules When NYC Is Involved in Bronx Shooting Cases

What Bronx Residents Need to Know About Filing Claims After Police or City-Involved Shootings

After an incident as traumatic as a shooting, especially when it involves law enforcement or another city agency, most people feel overwhelmed and uncertain about what to do next. If this happened in the Bronx and you believe the City of New York or one of its employees played a role in what happened, there's a very specific legal process you must follow. It starts with something called a "Notice of Claim."

If you're searching for a Bronx NY civil rights attorney, understanding how the Notice of Claim process works is a critical first step. It's the legal foundation that allows victims to hold the city accountable for injuries, deaths, or civil rights violations resulting from shootings involving city employees.

At Horn Wright, LLP, we help Bronx residents take that critical first step after a shooting. Our legal team knows exactly how to handle city-involved cases and the short deadlines that come with them. If you’re recovering from an injury or grieving a loved one, we’re here to take the legal pressure off your shoulders so you can focus on healing.

What Is a Notice of Claim in NYC?

In New York, if you want to sue the city or one of its employees for personal injury or wrongful death, you must first file a document called a Notice of Claim. It isn’t the same as a lawsuit. It’s a formal warning that gives the City of New York a heads-up that a legal claim is coming.

This rule applies across the five boroughs, but it affects people in the Bronx in very real ways, especially in shooting cases involving the NYPD. If a police officer fires a weapon and someone is hurt or killed, the law treats the city as a potential defendant. The Notice of Claim must be filed before you can take further legal action.

This requirement comes from General Municipal Law § 50-e. It applies to nearly every city department, from police to public hospitals. So if someone was shot by a corrections officer at Rikers Island or by a NYPD officer in Soundview, this notice is mandatory.

When You Must File: The 90-Day Deadline in the Bronx

Time is not on your side when it comes to a Notice of Claim. Under New York law, you have exactly 90 days from the date of the incident to file. That’s not a lot of time, especially when someone’s in the hospital or emotionally reeling from a traumatic event.

In the Bronx, shootings linked to city workers have occurred in neighborhoods like Mott Haven and Fordham. No matter where it happens, that 90-day clock starts ticking the moment the incident occurs.

Missing the deadline can cost you the right to file a lawsuit. Courts are extremely strict about this timeline. While it’s technically possible to ask the court for permission to file late, those requests are rarely granted. And even if they are, the delay can weaken your case.

To stay on track:

• Mark the date of the shooting clearly
• Document all injuries, records, and witnesses early
• Consult a lawyer as soon as possible to avoid missteps

Who You Must Notify After a Bronx Shooting Involving NYC

The Notice of Claim must be served to the right government entity. In most Bronx cases involving shootings by NYPD officers or other city employees, that’s the New York City Comptroller’s Office. Serving the wrong agency could result in your claim being tossed out completely.

The Comptroller’s Office accepts Notices of Claim in multiple ways:

• In person at 1 Centre Street in Manhattan
• By certified mail to the same address
• Online through the NYC eClaim portal

Even though the incident may have occurred on White Plains Road or near the Bronx Zoo, you must still send the paperwork to the Manhattan address. There’s no Bronx-specific office for this.

In some rare cases, another city agency may need to be notified directly, such as NYC Health + Hospitals or the Department of Correction, but this depends on who was involved in the shooting.

How to Serve a Notice of Claim the Right Way

Filing the document is only part of the process. How you serve it matters just as much. If it’s done incorrectly, the notice could be considered invalid.

You have three service options:

1. Deliver the Notice of Claim in person
2. Mail it by certified mail with return receipt
3. Submit it online via the NYC eClaim system

If you're mailing it, many Bronx residents use the Bronx General Post Office on the Grand Concourse for certified mail. Keep every receipt. Save copies of the claim and proof of service. If the city later says they never received it, you’ll need to show exactly when and how you filed.

Most people don’t handle this part on their own. Mistakes are easy to make, and there are no second chances if it’s done wrong. That’s why many Bronx families turn to an attorney to ensure every detail is covered.

What Happens After You File the Notice

Once your Notice of Claim is filed and accepted, the City of New York has the right to investigate. One of the first things they might do is schedule a 50-h hearing. This is a sworn, pre-lawsuit interview where you’ll be asked to explain what happened. Think of it like a deposition, but it happens before you file suit.

These hearings typically take place in Manhattan, though the incident happened in the Bronx. You’ll need to bring medical records, police reports, and any evidence you’ve collected. The city may also ask about past medical history or anything related to the shooting.

After the hearing, the city has 30 days to offer a settlement. If no agreement is reached, you can then move forward with a lawsuit in civil court.

Be prepared:

• You must attend the 50-h hearing if requested
• Missing it can delay or damage your case
• Legal representation during the hearing helps protect your rights

Mistakes to Avoid When Filing a Claim in a Bronx Shooting Case

Filing a Notice of Claim may seem simple, but it’s packed with legal pitfalls. A single oversight could block your right to recover damages. Some of the most common mistakes Bronx residents make include:

• Missing the 90-day deadline
• Filing with the wrong agency
• Omitting key facts like the location, time, or officer's name
• Failing to keep proof of service
• Trying to handle it alone without legal guidance

These cases are often emotional. People are grieving or recovering from trauma, and it’s easy to miss small details. But the law requires precision, speed, and complete information.

Special Considerations in Police-Involved Shooting Claims

When a NYPD officer is involved, the stakes feel higher. There may be an internal affairs investigation. The Bronx District Attorney may also be reviewing the incident. But none of these replace your right to seek civil damages.

Filing a Notice of Claim is the only way to preserve your ability to later sue for things like wrongful death, excessive force, or emotional distress. Even if a criminal investigation is ongoing, you still need to submit the notice within 90 days.

These cases are often tied to Bronx neighborhoods with higher police activity, such as Eastchester or Tremont. Victims and families in these areas may feel intimidated, confused, or simply too overwhelmed to act. But the deadline stays the same.

If your loved one was injured or killed, you may also need to submit additional documents proving your relationship to the victim. That includes death certificates, guardianship paperwork, or affidavits from next of kin.

Act Quickly, Understand Your Rights

Shootings that involve NYPD officers or other New York City agencies can change lives forever. If this happened to you or someone you love in the Bronx, don’t wait. The law gives you just 90 days to file a Notice of Claim, and that deadline comes fast.

At Horn Wright, LLP, we’re here to help Bronx families understand their rights and move forward with strength. Our team takes care of the legal process so you can focus on recovery, not red tape. Contact us to learn how we can guide you through every step from filing the Notice of Claim to pursuing civil justice.