When it comes to personal injury claims, most people think of suing a negligent driver, a business, or a private property owner. However, accidents involving public entities are also common, such as slip and fall accidents in public parks, bus accidents, or injuries on government property. Suing a government agency or entity in New Jersey is different from filing a claim against a private party due to additional legal protections and requirements.

If you’ve suffered an injury involving a public entity in New Jersey, this guide explains what you need to know about pursuing a claim. We’ll cover important aspects such as the New Jersey Tort Claims Act, specific deadlines, and requirements for filing against public entities.

We urge you to consult with a personal injury attorney as soon as possible after a New Jersey accident that results in injury. The attorneys at Brandon J. Broderick, Attorney at Law have helped countless clients recover damages in their injury cases.

What Is a Public Entity?

In New Jersey, a "public entity" generally refers to any governmental body or organization, such as:

• State agencies
• County governments
• Municipalities (e.g., towns and cities)
• Public schools
• Public transportation systems (e.g., NJ Transit)
• Local law enforcement agencies
• Public hospitals and healthcare facilities

If you’ve been injured due to the negligence of any of these entities or their employees while they were performing their duties, you may be able to file a personal injury claim.

New Jersey Tort Claims Act

The New Jersey Tort Claims Act (NJTCA) governs personal injury claims against public entities. Passed in 1972, this law sets strict guidelines for how and when you can file a claim.

While the NJTCA allows individuals to pursue compensation for injuries caused by the negligence of a government entity or employee, it also limits liability in many cases. Public entities generally have "sovereign immunity," meaning they are protected from being sued except in specific situations. The Tort Claims Act establishes those exceptions, allowing for claims when injuries are due to:

• Dangerous conditions on public property
• Negligence in operating public transportation vehicles
• Negligence of public employees while performing their duties

Filing Requirements and Deadlines for NJ Public Entity Claims

One of the most important aspects of filing a claim against a public entity is adhering to strict deadlines and notice requirements. Here’s what you need to know:

1. 90-Day Notice Requirement

The NJTCA requires you to file a "Notice of Claim" within 90 days of the accident. This notice serves as a formal declaration that you intend to file a claim against the public entity. It must include the following information:

• Your name and contact information
• A description of the incident and how the injury occurred
• The location and date of the incident
• The type of injury and damages suffered
• The names of any public employees involved, if known

Failure to submit this notice within the 90-day timeframe can result in losing your right to pursue a claim. However, under some circumstances, you may request permission from the court to file a late claim. Such requests must be made within one year of the incident, and the court will only grant them if you can show exceptional reasons for the delay.

2. Statute of Limitations

The statute of limitations for personal injury claims against public entities in New Jersey is typically two years from the date of the accident. After filing your Notice of Claim, you must file a formal lawsuit within this two-year window.

Keep in mind that the 90-day notice requirement and the two-year statute of limitations are both important. Meeting the 90-day deadline does not extend the overall two-year time limit to file a lawsuit.

Special Considerations for Public Entity Claims in New Jersey

Suing a public entity can be more complicated than suing a private party. Here are some special considerations to keep in mind:

Limited Compensation

The NJTCA limits the types of damages that can be claimed. For example, pain and suffering damages are only available if you can prove that you sustained a "permanent injury" or incurred medical expenses exceeding $3,600.

Government Defenses

Public entities have the advantage of certain legal defenses that private parties do not. For example, they can claim immunity from liability under specific conditions, such as when the injury occurred while an employee was performing a discretionary duty, like making policy decisions.

Attorney Assistance

Given the complexity of claims against public entities, it’s highly recommended to consult with an attorney experienced in New Jersey public entity claims. An attorney can help ensure compliance with all requirements, gather evidence, and maximize the potential for a successful outcome.

Examples of Public Entity Claims in NJ

Here are some common scenarios where personal injury claims can arise against public entities in New Jersey:

• School-Related Injuries: Injuries sustained at a public school due to unsafe conditions, negligent supervision, or bus accidents.
• NJ Transit Accidents: Injuries involving NJ Transit buses, trains, or facilities due to negligence or poor maintenance.
• Parks and Recreation Injuries: Slip and falls, playground injuries, or other incidents occurring at public parks or recreation areas.

Call Brandon J. Broderick for Legal Help

Navigating New Jersey personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.