What you need to know if you are injured as a result of negligence on the part of the State, a Municipality or a State Agency in New Jersey.

A personal injury action against the State of New Jersey, a state agency or a municipality may be forever barred if you fail to notify the State, state agency or municipality who is at fault for your injuries within 90 days of the incident. (There is a similar requirement in Pennsylvania as well)  In New Jersey, you may not be able to file a complaint against a public entity  if you fail to provide notice. The New Jersey Torts Claim Act, codified at N.J.S.A. 59:8-4, was enacted to provide a public entity “with sufficient information to enable it promptly to evaluate its liability and potential exposure and, if it chooses, to correct a defective condition and also to engage in settlement negotiations prior to the commencement of suit.” Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004)(quoting Newberry v. Township of Pemberton, 319 N.J. Super. 671, 675 (App. Div. 1999). See also Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000).

The Torts Claims Act, states that a notice of claim must be provided to the public entity within ninety days following the accrual of the cause of action. (See N.J.S.A. 59:8-8). The accrual date is the date in which the accident that causes injury occurs. Beauchamp v. Amedio, 164 N.J. 111, 123 (2000). The accrual date can be tolled  in limited circumstances. “Tolled” means that the accrual date is put on hold. For instance, the accrual date can be tolled if the injured party does not know that he or she was injured or that a specific third party is responsible for those injuries. Id.

A notice of claim form for the State of New Jersey can be found on the state’s website. It simply asks for information about the person who was injured, how those injuries occurred and the injuries sustained Oftentimes, municipalities have specific forms that are available by request only. Although the notice of claim form appears to be self explanatory, your rights will be best served by having an attorney to help in filling out the notice of claim form and to follow up, possibly negotiate a settlement and/or file a complaint on your behalf.

Although there are certain exceptions that allow a claimant to file a late notice of tort claim, (only with permission by the court), if you are injured and you believe that injury is caused in whole or in part by a state agency, it is important that you seek legal counsel as soon as possible.  If you sit on your rights you may not be able to file a lawsuit against the state agency who is responsible for your injuries. Kamensky Cohen has obtained substantial settlements from state agencies for injuries caused to our clients. If our clients had not sought legal counsel as soon as possible, those settlements may not have been possible.