If you or a family member suffered a serious, debilitating injury in an accident caused by a government employee or public entity, then it is important to speak with an experienced personal injury attorney in New Jersey to discuss what legal options may be available. Consulting with a knowledgeable lawyer is important because, generally speaking, municipalities in New Jersey may be shielded by the sovereign immunity doctrine, which basically means they cannot be sued for personal injury claims.
Sovereign immunity extends to cities, towns, counties, school districts and the state of New Jersey. However, it is important to note that there are specific exceptions to this broad grant of immunity under the New Jersey Tort Claims Act. This state law effectively controls what public entities can be sued and under what circumstances. Public entities are typically governmental entities as opposed to private entities. An example of a public entity is the State of New Jersey and all of its departments and divisions.
It is important for you to know that State law imposes special time limits and procedures for pursuing these types of tort claims.
90-Day Notice For an Accident Caused by a Government Employee or Public Entity
A unique aspect of suing a NJ public entity is that you must file a formal notice of your intention to sue for an accident caused by a government employee or other public entity. This notice must be filed within 90 days from the date on which your injury occurred. Failure to file the notice on time could bar your lawsuit. In addition to the formal notice, you must also send a certified letter to any public party that may share in the liability for your injuries. This includes county, municipal, and state agencies, as well as their employees.
Your certified letter must include all of the following information:
- Your name and address
- The date, location, and circumstances of your injury
- A general description of your injuries and/or the losses you have incurred as a result
- Names of the public agencies/employees allegedly at fault for your injuries or damages (if known)
- An estimate of the cost of your injuries and the resulting losses, including estimated future expenses
- Many public entities require specific forms to be filled out to satisfy the 90 day requirement, so early contact with the entity is crucial to ensure the correct notice form is being filed.
Viable Cases under the NJ Tort Claims Act
The New Jersey Tort Claims Act allows certain cases to be filed against public entities. At the same time, the Act limits or immunizes public entities for other types of conduct. That means, even if the public entity or employee was wrong, they cannot be sued or held accountable for the damage. In many instances, there is a fine line between what claims may be allowed and what claims may be subject to a sovereign immunity defense.
Generally speaking, claims against New Jersey government employees and/or public entities often involve injuries that took place on public property. A public entity may be held responsible for injuries caused by the condition of its property if the following legal elements are met:
- The property was dangerous at the time of the incident
- Your injuries were caused by the dangerous condition and meet the requirements of either a permanent loss of a bodily function, permanent disfigurement or dismemberment that significantly impact your life.
- It was reasonably foreseeable that the dangerous condition might cause your kind of injury
- The entity/employee created the dangerous condition — or at least knew about it (or should have known) and had reasonable time to remedy the condition.
In addition to claims concerning injuries that took place on public property, other types of personal injury claims that may be filed under the NJ Tort Claims Act include the following:
- Dangerous and poorly maintained roadways, sidewalks, bridges and guardrails
- School district negligence caused by employees of the school
- Negligent supervision by public employees including school officials and security officers
- Auto accidents caused by public employees
- Medical doctors and nurses working for a public hospital or public employer
Recoverable Forms of Financial Restitution for an Accident Caused by a Government Employee or Public Entity
If you have a viable personal injury claim for an accident caused by a government employee or public entity in New Jersey, then you may be able to recover multiple forms of financial restitution, including:
- Medical expenses
- Lost income
- Diminished earning capacity
- Pain and suffering
- Disability and impairment
In order to maximize your financial recovery, the experienced NJ personal injury lawyers with Bross & Frankel will conduct a thorough investigation into what happened, review your medical records, and build a compelling personal injury claim on your behalf.
Though, it is important to note that, under the NJ Tort Claims Act, recoverable damages are restricted in various ways. For example, in order to recover pain and suffering damages, there needs to be evidence of permanent loss of a bodily function, permanent disfigurement or dismemberment that significantly impacts your life as well as medical treatment expenses in excess of $3,600.
If your claim fails to meet these requirements, you can still seek damages for economic losses such as medical expenses, lost wages, and property damage but you are prohibited from seeking pain and suffering damages.
Seriously Injured in an Accident Caused by a Government Employee or That Occurred on Public Property? Reach Out to an Experienced New Jersey Personal Injury Attorney Near You
If you or a family member suffered a serious injury in an accident caused by a government employee or public entity, then now is the time to schedule a consultation with an experienced and knowledgeable personal injury lawyer in New Jersey. A personal injury lawsuit won’t make you whole again, but it can get you the compensation that you need to recover and move forward with your life.
At Bross and Frankel, we are committed to helping people throughout New Jersey who have been injured in an accident caused by a government employee or public entity. With decades of combined experience helping injured people throughout New Jersey, our dedicated personal injury attorneys and team know how to get results. To learn more or to schedule a free case evaluation, contact us today at (856) 795-8880 or fill out our online contact form.