Filing a Notice of Claim in New Jersey

When someone suffers an injury due to the negligence of a public entity or its employees in New Jersey, they must follow specific legal procedures to seek compensation. One crucial step in this process is filing a Notice of Claim under the New Jersey Tort Claims Act (N.J.S.A. 59:8-8).
This blog will guide you through the essential aspects of filing a Notice of Claim, providing clarity on the requirements, deadlines, and legal nuances involved.
Understanding a Notice of Claim
A Notice of Claim is a formal document informing a public entity of your intention to seek damages for injuries or losses caused by negligence.
This requirement applies to cases involving government agencies, such as municipal governments, school districts, or state agencies.
The purpose of the Notice of Claim is to provide the public entity with an opportunity to investigate the claim and resolve it without litigation. Filing this notice is mandatory before pursuing a lawsuit under the New Jersey Tort Claims Act.
How to File a Notice of Claim Form in New Jersey
Filing a Notice of Claim involves several steps. Here’s a breakdown:
- Identify the Public Entity or Employee: Determine which entity or individual is responsible for your injury. For example, if you slip and fall on an icy sidewalk outside a municipal building, the responsible entity may be the local government.
- Complete the Notice of Claim Form: Most government entities provide specific forms to file a Notice of Claim. These forms typically require details about the following:
- The claimant’s name and contact information
- The date, time, and location of the incident
- A description of the accident and injuries sustained
- The amount of compensation sought (if known)
- Submit the Notice: The Notice must be filed with the appropriate public entity within 90 days of the incident, as mandated by the New Jersey Tort Claims Act.
- Keep Copies: Always retain copies of the filed notice and any correspondence for your records.
Failing to adhere to these steps may result in losing your right to pursue a claim.
Which Important Requirements Do You Need For A Notice Of A Claim In NJ?
Filing a Notice of Claim comes with strict requirements. Here are some key points to keep in mind:
- Deadline: The Notice must be filed within 90 days of the incident. Missing this deadline can bar you from filing a lawsuit.
- Content: The notice must include all necessary information about the claim, including a detailed description of the incident and injuries.
- Public Entity Involvement: The Tort Claims Act applies only to public entities or employees. If the responsible party is a private individual or business, this process does not apply.
- Exceptions for Minors or Incompetent Persons: In some cases, such as claims involving minors or individuals who are mentally incapacitated, the court may allow exceptions to the 90-day rule.
What Is the NJ Tort Claims Act?
The New Jersey Tort Claims Act (N.J.S.A. 59:1-1, et seq.) governs claims against public entities and employees. This law ensures that public entities are not overwhelmed by frivolous lawsuits while providing a pathway for legitimate claims.
Key Provisions of the Act:
- Immunity: Public entities are generally immune from liability unless specific exceptions apply.
- Notice Requirements: The act requires potential claimants to notify the public entity within 90 days.
- Statute of Limitations: According to the Statute of Limitations, you must file a lawsuit within two years of the incident.
Tort Claims Notice Requirements in New Jersey
To comply with the Tort Claims Act, your Notice of Claim must include:
- The claimant’s name and address
- Details of the public entity or employee involved
- A concise statement of the incident
- The date, time, and location of the event
- The type of injury or damage suffered
- A statement of the amount being claimed (if known)
How Do You File a Tort Claims Notice in New Jersey?
Filing a Tort Claims Notice can be daunting, especially when recovering from an injury. Here’s how an attorney can simplify the process:
- Assess Your Case: An attorney can determine whether your case qualifies under the Tort Claims Act.
- Draft the Notice: Attorneys ensure that your Notice of Claim is accurate, comprehensive, and meets all legal requirements.
- File on Time: Missing deadlines can be detrimental to your case. A lawyer can ensure timely filing.
- Advocate for You: If the claim is denied, your attorney can guide you through the next steps, including filing a lawsuit.
Notable Cases Involving the New Jersey Tort Claims Act
Several cases illustrate how the Tort Claims Act impacts personal injury claims:
- Beauchamp v. Amedio (164 N.J. 111): This case highlights the importance of meeting the Notice of Claim requirements. Failure to provide sufficient detail led to the dismissal of the claim.
- Velez v. City of Jersey City (180 N.J. 284): This case emphasized that substantial compliance with the Tort Claims Act is not enough; strict adherence to the Act’s requirements is essential.
Get Help from an Experienced Attorney in New Jersey
Navigating the complexities of the New Jersey Tort Claims Act can be overwhelming, especially during challenging times.
At Rosengard Law Group, our compassionate and experienced attorneys are here to help. We will:
- Evaluate your case thoroughly
- Guide you through the Notice of Claim process
- Fight for the compensation you deserve
If you or a loved one has been injured due to the negligence of a public entity, don’t wait. Contact Rosengard Law Group today for a free consultation.
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