Understanding Tort Claims

In most personal injury cases, the statute of limitations for filing a lawsuit to recover damages is two years from the date of the incident. It is different, however, if the injuries or property damages were the result of an incident involving a government entity or an employee or contractor of that entity.

The New Jersey Tort Claims Act mandates that notice of a claim against state or local government entities be filed within 90 days from the date of the incident, otherwise, the injured party can be barred from filing future lawsuits relating to the incident. There is an exception to the 90-day statute of limitation if the injured party can demonstrate extraordinary circumstances that prevented them from submitting a claim within the required timeframe.

Government agencies may be held liable for injuries caused its employees, or an unsafe condition on government property that is open to the public. That liability, however, is limited and, in some cases, immunity may be granted unless certain conditions are met.

The Tort Claims Act also provides a damages threshold restricting compensation for pain and suffering unless the injured party suffered permanent loss of bodily function, disfigurement, or the incident resulted in medical expenses exceeding $3,600.

The process of filing a Tort Claim complicates the process for a typical personal injury claim. The injured party must provide detailed information about the incident when filing the claim, or they will be barred from filing a lawsuit. Our personal injury attorneys are experienced in filing notices of tort claims under the New Jersey Tort Claims Act and will ensure all requirements are met when filing your claim.