Can I make a claim against government agencies?
A viable personal injury claim involving a governmental entity or personnel is governed by the N.J.S.A. or New Jersey Tort Claims Act 59:1-1 through 59:12-3. To make a claim against a government institution, there are processes necessary as per the act defined in the Tort Claims Act, particularly Chapter 8.
The crucial point to remember refers to the duration to which a claim can be filed against an alleged public entity or public employee. Unless a claim has been presented, no action may be taken. Otherwise, the claim must be filed in accordance with the procedures described in N.J.S.A 59:1-1 et seq.
Jaloudi Law’s personal injury attorneys practice extensive attention to detail when it comes to taking actions against public entities, making sure every detail is included. Read below to know what a claim must contain.
What should I include in my claim?
Such claims should be presented with the aid of the claimant or with the aid of the person performing on the claimant’s behalf and shall include:
- The claimant’s name and post office address.
- The post office address to which the individual providing the claim desires the notices to be sent.
- The date, location, and other situations of the prevalence or transaction which gave rise to the claim asserted.
- A general description of personal injury, damage, or loss suffered.
- Name of the public employee or name of the government entity or personnel inflicting personal injury, if known, and;
- The quantity claimed as of the date of the presentation of the claim, includes:
What happens when the alleged public entity adopts additional information?
A public entity can also undertake forms specifying records that should be contained in claims filed towards it. These forms need to encompass the necessities of 59:8-4 of this act and may additionally encompass extra information such as written reviews of the claimant’s physicians, a listing of claimant’s specialist witnesses, itemized bills for medical expenses, documentary evidence of the amount of profit loss, and an announcement of anticipated scientific expenses if a future cure is necessary.
There is such a case wherein the alleged public entity decides to adopt a precise notice of claim to which more information is being required or more special than the information already present in the current claim. With this, the claimant, you, must comply with the requirements.
In these cases, it is no longer sufficient if the claimant complies with the requirements as stated in the New Jersey Tort Claims Act. If the claimant is unable to grant all of the facts within the 90 days, the claimant must supply the necessary information as it becomes available.
What happens if I fail to file a notice of claim?
Should the claimant fail to file a claim within the 90-day period, they shall be perpetually barred from seeking compensation or settlement towards the public entity.
Nevertheless, if the claimant reaches such status, as supplied in section 59:8-8, the claimant may, at the discretion of a judge of the Superior Court, be authorized to file a late notice of claim within one year after the accrual of the claim, provided that the public entity or public employee has not been significantly prejudiced. The claimant ought to show sufficient reasons, which represent incredible circumstances, for failure to file a note of claim within 90 days.
The claim must be presented to the public entity by handing it over to or mailing its certified letter to the Office of the Attorney General or the office of the state agency allegedly involved. If a local entity is involved, the claim should be delivered or dispatched by certified mail to the entity.
Contact the best personal injury attorney in New Jersey to receive the best settlement
Our experienced personal injury attorney at Jaloudi Law always recommends to our clients who have long passed through injuries brought about by a public entity how critically important it is to file a well-timed notice of claim.
For this purpose being, the claimant may also be continuously barred from recovering against a public entity if he/she fails to file such a claim within 90 days of accrual.
Although a claimant can also seek permission to file a late notice within one year after accrual, permission is discretionary and is no longer regularly granted. Contact Jaloudi Law and get a free consultation. Let’s talk about your claim.