Deadlines and Notice of Claim Rules for Bronx Civil Rights Force Cases

Filing Time Limits in Civil Rights Cases

After a police use-of-force incident, time can blur. The physical pain, emotional shock, and stress of medical care or lost work make it easy to miss legal steps. But in New York State, deadlines come fast, and some are unforgiving. If you plan to file a civil rights claim against the NYPD or the City of New York, you need to act early.

At Horn Wright, LLP, our Bronx civil rights attorneys guide clients through every required filing. We make sure your claim gets in before any clock runs out. If excessive force changed your life, we are ready to act now and protect your right to recover.

Why Deadlines Control Civil Rights Claims

Police violence often happens suddenly, but the legal response must be timely. 

In New York, if you're filing a claim against a public entity like the NYPD, the deadlines are stricter than for most personal injury cases. These rules exist to give municipalities time to investigate and prepare a defense. But they also create traps for people who do not know the system.

Missing one of these deadlines, even by a few days, can stop your case from ever being heard. It does not matter how serious the injury was or how clear the video evidence may be. Courts follow the rules closely.

The 90-Day Notice of Claim Rule

If your case involves a city employee or agency, like an NYPD officer in their official role, New York law requires a Notice of Claim. This legal document must be submitted within 90 days of the incident.

That is three months from the date you were injured. The form must include:

• The time and location of the incident
• A brief description of what happened
• The injuries or harm you experienced
• The name and address of the claimant (you)

Most Notices of Claim in Bronx force cases are filed with the NYC Comptroller. You can do this online through the Comptroller’s eClaim system or in person. Include supporting documents and get a timestamped receipt.

If you do not file this notice, the court will likely dismiss your case. There are rare exceptions, but they are difficult to win.

State Law Deadline: One Year and 90 Days

Once the Notice of Claim is submitted, state law gives you a set period to file the lawsuit. For excessive force and related claims under New York law, such as assault or battery, the statute of limitations is one year and 90 days from the date of the incident.

This applies to:

• State-based tort claims like false arrest, false imprisonment, or negligence
• Claims against the NYPD or the City of New York

This timeframe starts the same day as the incident. So, if you were injured by police on June 1, your lawsuit must be filed by August 30 of the following year. This deadline is not the same as federal civil rights claims, which follow a different rule.

Federal Civil Rights Claims Have a 3-Year Limit

Federal claims under Section 1983 of the U.S. Code focus on constitutional rights. If NYPD officers used excessive force or violated your Fourth Amendment protections, you can file a federal civil rights claim. In New York, these claims follow a three-year statute of limitations.

This longer window gives some flexibility. However, it does not replace the 90-day Notice of Claim if you are also filing under state law. You may need to meet both deadlines depending on your case.

Also, the longer you wait, the harder it can be to preserve evidence. Surveillance footage might be deleted. Witnesses may disappear. Memories fade. Even with a longer limit, early action always helps.

When Exceptions May Pause the Clock

New York law includes some exceptions that can delay or "toll" the statute of limitations. These mostly apply to minors, people with mental disabilities, or those physically unable to file a claim.

For example:

• A minor (under 18) may have until their 18th birthday to start the clock
• Someone with a severe disability may be granted extra time
• Active military duty may extend certain timeframes

But these exceptions are not automatic. A judge must approve tolling, and the standards are strict. Families or guardians should still act quickly. Waiting often leads to complications.

How the Bronx Notice of Claim Process Works

In the Bronx, Notices of Claim for police force cases are usually filed against the City of New York and the NYPD. Here's how the process works:

• File online via the NYC Comptroller's eClaim portal or deliver the form in person
• Include full contact information, facts of the incident, injury descriptions, and any witness details
• Keep a copy and request a stamped confirmation page for your records
• Serve copies on other agencies if your lawyer advises

The physical location for in-person filing is typically 1 Centre Street in Manhattan, which covers Bronx-based claims.

This form is not the lawsuit itself. It's the legal first step that must be done before any state court filing can happen.

What Happens After the City Receives Your Notice

After submitting a proper Notice of Claim, the City of New York has the right to conduct what’s known as a 50-h hearing. This is a pre-lawsuit testimony session, like a deposition.

Here’s what to expect:

• You’ll be questioned under oath about the incident
• A city attorney will attend, and your lawyer should too
• The hearing may occur in a municipal office, sometimes months after submission

This hearing allows the city to gather facts and assess the case. Failing to attend may harm your ability to sue later. After the hearing, you must still file your lawsuit before the legal deadline.

Pitfalls That Lead to Dismissed Claims

There are common mistakes that can undermine even strong cases:

• Missing the 90-day Notice of Claim deadline
• Filing the notice with the wrong agency
• Leaving out key information on the form
• Failing to attend a 50-h hearing
• Confusing state and federal deadlines

Even if the excessive force was obvious, paperwork errors can shut the door. The best way to avoid this is to work with an attorney who handles Bronx civil rights cases regularly.

Why Legal Guidance Helps You Meet Every Deadline

These timelines move quickly. If you're recovering from injuries, missing work, or coping with trauma, it’s hard to track legal filings on your own. A civil rights lawyer does more than fill out forms. They:

• Prepare and serve a valid Notice of Claim
• Track the differences between federal and state filing rules
• Ensure the city receives all needed documents
• Handle communications about 50-h hearings

A missed deadline can cost you your case. Legal help keeps your rights intact while you focus on healing.

Timely Action Makes All the Difference

If police used force against you in the Bronx, the law gives you options, but only if you act within the legal timeframes. Whether your case involves local agencies, federal violations, or both, deadlines control everything.

At Horn Wright, LLP, we protect the rights of people hurt by excessive force or abuse of power. If you believe your rights were violated, let us file the right documents at the right time so you stay in control of your case.