Notice of claim is given when an individual notifies another person or entity that they plan to seek out a lawsuit for a personal injury. While there is no specific time period in which this notice of claim must be provided to the other party, it is highly recommended by most legal professionals that the notice of claim be given as soon as possible. This may help to resolve the claim in a quicker and more efficient manner.
While there is no predetermined time period in which the notice of claim must be given to the other party, there may be a statute of limitations on the claim itself. This means it is important to determine what time period the claim must be filed within. During this time, it is also important to collect any pertinent evidence for the claim. This may include a description of the incident, records of expenses associated with treatment of any injuries, records of any witnesses that may have seen the incident and any other information that may be relevant to the claim itself.
It is important to note that a notice of claim does not require an individual to actually seek out a lawsuit. Rather, it is simply a courtesy extended to the other party. Filing a notice of claim with the other party may also help to prevent any counter-claims of delay from arising during the court proceedings.
There are additional requirements when filing a notice of claim against a government entity. Unlike claims against a business or an individual, a notice of claim given to the government does have applicable time limits and may vary depending on the agency and the state in which the claim is made.