Filing a Claim Against a Public Entity for Negligence in North Jersey
If you or a loved one have received an injury as a result of someone else’s negligence or an accident, you can bring a civil case to recover compensation for your injury as well as economic and non-economic losses.
But what should you do if the responsible party is a government employee or a public entity? Can you still file an injury claim?
Read on to discover how our North Jersey personal injury attorneys here at Jaloudi Law can help you win your case and get maximum compensation for your injury.
How do I sue a government employee or public entity?
The New Jersey Tort Claims Act forbids litigation against the government under Title 59 of the New Jersey Statutes. Section 59:2-2, on the other hand, makes explicit exceptions to this norm. These exclusions allow those who have been injured as a result of the government’s, public entities, or employee’s negligence to bring a claim/lawsuit against them.
Public entities are liable for injuries caused by employees “in the scope of their employment in the same manner and to the same extent as a private individual under similar circumstances,” according to Section 59:2-2.
What should I know about statutory requirements in NJ?
To bring a claim/lawsuit against a public entity/employee for any injury that may have caused you to enjoy life, you must adhere to certain statutory standards.
You should be aware that the legal procedures to follow are different, that compensation is more difficult, and that claims against private businesses and individuals do not require proof.
How do I file a notice of claim in New Jersey?
You must file a notice of claim before filing a claim against a state/government agency, state, county, or municipality. You must notify the entity/individual of your plan to suit in writing.
According to the New Jersey Tort Claims Act, your notice must meet certain specified conditions:
- Must be submitted within 90 days of the accident or injury. You lose your right to assert a claim or file a lawsuit against the state if you do not file a claim form within this time frame.
- You must wait six months to initiate a case against the public entity after submitting the Notice of Tort Claim.
As a result, even if you are unsure whether you have a case against the government, you must file a Notice of Claim to protect your rights.
Always remember that if an accident happened within a public entity premise or has been done to you by a government employee, it is, and will be, a public entity liability.
Therefore, take the filing of the claim with utmost importance and urgency. You will be eternally banned from initiating a lawsuit against the public entity if you do not file the notice within 90 days of the accident.
Although there are exceptions for submitting a late Notice of Claim, these exclusions are at the Judge’s discretion and only apply in rare cases.
What should I include in my notice?
Section 59:8-4 of the New Jersey Tort Claims Act specifies what the notice should include:
- Your name and post office address;
- The post office address to which you wish notices to be sent;
- The date, location, and other circumstances of the occurrence or transaction which gave rise to the claim asserted;
- A general description of the injury, damage, or loss incurred so far as may be known during the process of filing the claim;
- Names of the public entity or employee causing the injury, damage, or loss, if known; and
- The liability amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, property damage, or loss, together with the basis of computation of the amount claimed.
Will I receive compensation for the pain and suffering?
To be eligible for damages for pain and suffering, and to have grounds for a personal injury claim, you must meet the standards of Section 59:9-2, which requires you to show that you suffered a permanent loss of a bodily function, permanent disfigurement, or dismemberment and that your medical care costs exceeded $3,600.00.
Contact a Public Entity Negligence attorney in Clifton NJ
If you or a loved one has been hurt in any form of accident that may have caused you personal injury or other damage, involving a governmental entity or employee, it is critical that you hire the services of an experienced personal injury attorney.
Attorneys with personal injury practice areas can help you through the legal system and achieve just and fair compensation.
Jaloudi Law offers the necessary experience and a track record of success. Our Clifton NJ public entity negligence attorneys offer free consultations. They will not charge legal fees unless you win your case!