Claims Against Public Entities in New Jersey
Claims against public entities in New Jersey often involve injuries that occurred on public property. A public entity is responsible for injuries caused by the condition of its property if:
- The property was at the time of the accident
- Your injury was caused by the dangerous condition
- It was reasonably foreseeable that the dangerous condition might cause your kind of injury
- The entity/employee created the dangerous condition — or at least knew about it (or should have known) and had reasonable time to fix it
If you have been seriously injured and are considering filing a claim against a public entity in New Jersey, you should know that State law imposes special time limits and procedures for pursuing these types of claims.
First, you must file a formal written notice of your intention to sue. You must file such notice within 90 days from the date on which you were injured. (Or, if you were a minor, you can file within 90 days of your 18th birthday.) Failure to file the notice on time will bar your lawsuit forever. For a tort claim notice against the State of NJ, please contact our office immediately.
Each individual municipality may have its own form, but the required contents of the notices would be similar to, if not identical to, those requested in the State of New Jersey form. You can contact the individual municipality directly for their form.
In addition to the formal notice, you must also send a certified letter to any public party that may share in the liability for your injuries. This includes county, municipal and state agencies, as well as their employees. The certified letter must include all of the following:
- Your name and address
- The date, location, and circumstances of your injury
- A general description of your injuries and/or the losses you have incurred as a result
- Names of the public agencies/employees allegedly at fault for your injuries or damages (if known)
- An estimate of the cost of your injuries and the resulting losses, including estimated future expenses
Once your lawsuit is settled or a court ruling is reached, you will no longer be able to pursue additional claims against those same entities/employees for the same injury.
If you are considering a claim against a public entity in New Jersey, it can be intimidating. We have successfully litigated and won at trial against public entities. It is important to have an experienced personal injury attorney by your side to guide you through the process and fight on your behalf.
Please call our attorneys today at 973-585-5100.