Don’t Wait on Personal Injury Claim Against a Public Entity
Posted June 12th, 2014 by Anthony Carbone, PC.
Categories: Personal Injury.
We have heard it all before. Ignorance of the law is not an excuse or a defense. This is not only true for criminal actions — it is also relevant in claims for personal injury. The average person assumes that they have up to two years to sue if someone causes them to sustain injuries in an accident. Some may even procrastinate until the last minute to file a claim. Take note: It is dangerous to wait to consult an attorney. It may limit or even prohibit your ability to recover from the individual or entity that caused you damages.
Public entities fall under a separate category when considering a personal injury claim against them. Government agencies and their employees all are part of this special classification. Buildings and properties involving these groups are also included, as well as vehicles and equipment maintained by them. Personal injury claims against public entities and employees are spelled out in the New Jersey Torts Claims Act, known as Title 59 of the New Jersey statutes.
New Jersey law requires the filing of a Notice of Claim within 90 days of the accident’s occurrence. There are rarely exceptions to extending this notification. This means that someone who falls and is injured because of dangerous conditions at the Gloria Robinson Court Homes needs to file a notice of claim. Why? This community is maintained by the Jersey City Housing Authority, a public entity. The same is true for a person who is hurt when involved in a car accident with a vehicle owned by a Hudson County agency.
There is a reason for the requirement for prompt notification in cases involving the government. It is sometimes difficult to investigate a personal injury claim after a passage of time. The notice requirement allows the public entity time to speak to the necessary witnesses and evaluate the accident scene before evidence disappears.
A personal injury claim against a public entity may have other limitations. It is therefore important to consult an attorney who is fully familiar with filing such claims. Seek an expert opinion. The Law Offices of Anthony Carbone has been handling these types of cases for more than 25 years. Contact us today to schedule a complimentary consultation.
