Claims Against Public Entities – NJ Cities Towns Housing Authorities Hospitals
Do you have a personal injury claim against a public entity in the State of New Jersey? This includes but is not limited to cities, towns, housing authorities, and state affiliated hospitals such as University Hospital in Newark.
Personal injury claims against municipalities and other public entities are strictly limited by the New Jersey Tort Claims Act. If, for example, you are struck by a public works truck, you can sue for your damages just as you could against a private party.
However, in order to do so, you must file a “Notice of Claim” with the appropriate public entity within 90 days of the incident or you will be barred from filing a suit or making a claim.
Most people have no idea that such a requirement exists and many such claims are dismissed or never brought due to this requirement.
The only exceptions to this requirement are injuries to a minor, injuries to an incompetent, or if you can show that there were extraordinary circumstances why you missed the 90 day cut off period.
In addition, under the Tort Claims Act you have to prove more than just ordinary negligence if you were injured by a dangerous condition of public property such as a damaged sidewalk.
You must be able to prove that the public entity’s actions were “palpably unreasonable,” which means that you must be able to show that the actions of the public entity were a lot more than mere negligence.
There is also a heightened damages requirement in order to bring a claim against a public entity. You must be able to prove permanent loss of a bodily function, permanent disfigurement, or dismemberment.
Furthermore, there is a requirement that you incur more than $3,600 in medical expenses.
Public entities are immune from certain claims, no matter how badly a person is injured. There are immunities to a certain extent for corrections and police activities, for certain public medical and mental institutions and their employees, and other immunity provisions throughout the Act.
The New Jersey Tort Claims Act is very complex and it is difficult to meet its requirements. If you have a claim for injury involving a public entity, you should seek legal help immediately in order to comply with the 90 day requirement set forth above.
Not only must you file a claim within 90 days, but each public entity has its own specialized claim form that you must follow. Also, you need legal help to analyze whether or not your claim is barred by the numerous immunities set forth in the law.
With the guidance of an experienced attorney, you can find out if your claim for injury against a public entity is possible and what must be done to successfully bring it.
The Kronberg Law Firm has extensive experience with these types of cases.
Please call or text us at (973) 204-6573 and we will be glad to discuss your case.
We will endeavor to protect your rights and achieve justice for you if we take your case.
Our initial consultation is without cost to you.