Can you change or "amend" a Notice of Claim in New York once it has been filed?

 

A: It depends - both on the timing of the proposed changes, as well as the nature of the proposed changes to the Notice of Claim. In that regard, if it is a relatively insignificant change - as opposed to a wholesale change of a theory of liability - the Court will often grant the amendment. On the other hand, a significant change - such as changing the location of the accident - will often not be permitted. That is one major reason why failing to investigate a NY slip and fall case can prove fatal to the claim.

Author of the Free consumer guide to New York accident cases, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," Long Island and Queens, New York slip and fall, trip and fall and defective sidewalk and snow and ice accident lawyer Jonathan Cooper is available to answer your questions regarding how to prove New York City or a snow removal contractor's liability for snow and ice removal under New York law. For additional information on these topics, please feel free to contact his main office in Nassau County, Long Island at 516-791-5700.

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