In New Jersey, filing a personal injury claim is necessary if another person’s negligence leads to your injuries, however minor or severe. It is important that you are not stuck with hefty medical bills due to the negligence of another person or entity. Importantly, if the party responsible for your injuries is a government agency, employee, or contractor, filing a claim is slightly more complicated. This circumstance requires the filing of a “Tort Claims Notice” under the New Jersey Tort Claims Act (N.J.S.A. § 59:1-1) also known as “Title 59”.
What Is the NJ Tort Claims Act?
In 1970, New Jersey state law granted “sovereign immunity” from civil liability to entities, agencies, and employees of any government entity (state, county, or local) in New Jersey. The factual circumstances regarding how and why this law was enacted is very interested and involves a bear on display in a cage.
The New Jersey Tort Claims Act codified under N.J.S.A. § 59:1-1 et seq., is a law that requires an individual with a potential claim against a public entity, or their employees to file such a claim within 90 days of the incident.
In most cases, individuals cannot bring a claim against a government entity in New Jersey. However, N.J.S.A. §59:2-2 allows an exception for those injured due to the negligence of a government employee.
Most importantly, if a claim is not made within 90 days, the public entity will have immunity pertaining to any alleged injury claim.
Since failure to provide a Tort Claims Notice within the 90-day period, and failure to provide detailed information in that notice, can result in the absolute bar on recovery.
If you have been injured, unfortunately you must act fast to preserve your claim. Contacting a personal injury lawyer as soon as possible to preserve your claim is necessary to protect your rights.
What Does the NJ Tort Claims Act Cover?
Under N.J.S.A. § 59:2-2, a government agency may be liable for any injuries an employee causes to another individual while acting within their job duties. A common situation occurs when a state/county/local employee gets into a car accident while driving a government vehicle, or driving as part of performing their job duties, regardless of vehicle ownership. The act also can apply to any unsafe conditions caused by employees on government property opened to the public such as a sidewalk or slippery lobby floor.
Unlike a standard personal injury claim, the NJ Tort Claims Act limits the amount of damages an individual may claim. For example, if you have insurance that covers the treatment of your injuries, that coverage amount may be deducted from your damages.
Another key part of the act is the limitations set on damages for pain and suffering. In order to receive pain and suffering damages, the injuries must cause permanent loss of a bodily function, disfigurement, or dismemberment. In addition, the medical treatment expenses for these conditions must exceed $3,600.
Even if you don’t meet this requirement, you may still seek damages for economic losses. This includes medical treatment, property damage, lost wages, and more.
Filing a Tort Claims Notice in New Jersey
To seek compensation, you must file a Tort Claims Notice with the government agency responsible for your injuries. Filing a Tort Claims Notice provides the government adequate time to investigate and draft a response.
Under N.J.S.A. §59:8-4, a Tort Claims Notice should include:
- The name and address of the claimant;
- The date, time, and location of the injury-causing incident;
- A general description of the injury, damage, or loss the claimant incurred;
- The names of any government employees who caused the injury, damage, or loss (if known); and
- The amount of the claim, including any estimated damages, as of the date of submission.
In New Jersey, any claims against the state must be submitted to the Bureau of Risk Management’s Tort and Contracts Unit.
Effective July 11, 2024, all Tort and Contract Claims must be filed using the digital claim portal on this website by accessing the Tort Claim Login Page (PACFS). This includes, but is not limited to, claims for Bodily injury, property damage, automobile accidents, civil rights, false arrest, malicious prosecution, and Foster Parent Liability claims.
Contacting an attorney to help fill out this form will ensure it reduces the likelihood of an incomplete claim filing. Specifically, you will need your full legal name, address, date of birth, social security number, and if you have received medical treatment or repairs to damaged property, details about your expenses must be included.
More information and the PACFS page is located here.
Exceptions to the 90-Day Notice Requirement
Although the Tort Claims Act was intended to be a middle ground for a claimant and a defendant, it often imposes a burden on an injured Plaintiff to act quickly in prosecuting their claims.
This burden is particularly evident in instances where a claimant may not be able to submit their claim within the 90-days 90 days allotted because of physical or mental incapacity or disability.
In cases like these, an exception is made for one (1) year if the claimant has demonstrated, under N.J.S.A. § 59:8-9, that there were “extraordinary circumstances” restricted their ability to submit their claim.
Speak to Our Attorney About Your Personal Injury Claim Today
It is often difficult to know if your potential claim involves a public entity like a state, county or local government.
Many hospitals, nursing homes, and long-term care facilities may be public entities and require a claimant file a Tort Claims Notice within 90 days, or face having their claim forever barred. This is not easily discoverable by ordinary citizen.
If you or a loved one has suffered injury as a result of negligent care and you believe a public entity may be involved, contact Brikowski Law, LLC with your legal needs.
Brikowski Law, LLC can help gather all of the information you need to submit your claim and fight on your behalf.
