After an accident, determining who is responsible for your injuries can be challenging, especially when a government or state entity may be involved. If you believe a public entity is liable, it’s essential to understand the specific requirement under the New Jersey Tort Claims Act (NJTCA). This blog post will guide you through the basics of the NJTCA, including the importance of filing a notice of claim and what your options are if you missed the deadline.
What is the NJTCA?
The NJTCA was created to provide a balanced approach to the liability of New Jersey public/governmental entities and its employees. The NJTCA balances an individual’s interest in holding public entities accountable for their injuries with the State’s interest in avoiding excessive litigation. By enacting the NJTCA, the New Jersey Legislature declared that governmental/public entities shall only be liable for their negligence within the limitations provided by the NJTCA.
Due to the NJTCA’s strict rules, understanding the steps to file a claim is critical to preserving your rights and filing a proper claim.
The Importance of Filing Notice Under the NJTCA
If you’ve been injured and think a public entity may be at fault, the first step under the NJTCA is filing a Notice of Claim. This step is mandatory and must be completed within 90-days following the accident. The NJTCA provides:
A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:
a. The claimant failed to file the claim with the public entity within 90 days of accrual of the claim except as otherwise provided in N.J.S.A. 59:8-9; or
b. Two years have elapsed since the accrual of the claim; or
c. The claimant or the claimant’s authorized representative entered into a settlement agreement with respect to the claim.
Simply stated, the NJTCA requires a tort claims notice to be filed within 90 days following the accident or injury. Missing this deadline can prevent you from recovering any damages, regardless of your injuries or the strength of your claim. That’s why contacting a New Jersey personal injury attorney with NJTCA experience as soon as possible is crucial.
Filing a Late Notice of Claim
Despite the strict 90-day deadline, the NJTCA does provide a limited opportunity for late filing. If you have a valid reason for missing the deadline, you may be able to petition the court for permission to file a late notice. However, this option is only available within one year from the date of your injuries. Additionally, you must demonstrate “extraordinary circumstances” existed which prevented you from filing notice within those first 90-days.
While each case is unique, New Jersey Courts have interpreted “extraordinary circumstances” very narrowly and generally require a claimant to meet a high burden of proof. As such, having strong evidence to back your request is critical if you are petitioning for permission to file late notice. If you are unable to meet this high burden then you will be unable to bring your claim against a governmental/public entity.
What Happens if Your Late Notice Request is Approved?
If the court approves your request to file late notice, you will be allowed to proceed with your claim and file a notice of claim. However, you must still adhere to the other requirements within the NJTCA. For example, after filing notice the NJTCA requires that claimants wait 6-months before filing any lawsuit. This allows the governmental/public entity time to investigate, gather evidence, and consider settlement options.
Remember, approval for late notice does not guarantee a successful outcome—it simply allows you to pursue your claim further.
Key Takeaways
• File a Timely Notice of Claim
It’s essential to file your Notice of Claim within 90 days of the accident to prevent unnecessary obstacles and challenges in your case.
• Consider Filing Late Notice
If you missed the 90-day deadline, consult an attorney to see if your situation qualifies as “extraordinary circumstances” that may permit a late filing.
• Act Quickly
Time is of the essence in personal injury cases. Following an accident, reach out to an experienced personal injury attorney as soon as possible to start preparing your case.
The NJTCA requirements can be complex and challenging. By consulting with an experienced personal injury attorney who understands the NJTCA, you can ensure that you meet all necessary criteria and maximize your chances of recovery. If you’ve been injured due to the negligence of a public or state entity, reach out to the attorneys at Scura, Wigfield, Heyer, Stevens & Cammarota for a free consultation.
