If you have been injured on government property, it’s imperative to recognize the unique set of legal challenges you face. Unlike typical personal injury claims, legal action against a government entity requires adherence to stricter deadlines, a fact many people overlook. Please continue reading as we explore the necessary steps if you wish to pursue a claim against the government and how our determined Essex County Personal Injury Attorneys can assist you in fighting for the justice you deserve.
What Injuries Are Common on Government Property?
When you visit someone else’s property, you reasonably expect it to be safe. However, when the appropriate parties fail to take the necessary steps to keep their premises hazard-free, serious injuries and accidents can happen. When it comes to government property, one of the most common accidents is a slip-and-fall. These accidents can result from wet surfaces, tripping hazards, poor lighting, and weather-related hazards. Additionally, you can be injured due to defective equipment. This can include malfunctioning traffic signals, poorly designed roadways, hazardous environmental conditions, and inadequate security.
In New Jersey, property owners, including the government entities, have a legal duty to maintain a safe environemnt for visitors. This duty is referred to as premises liability, which can hold property owners liable for accidents and injuries that occur on their property.
What is the Statute of Limitations for Injuries Sustained on Government Property?
If you have been injured on government property, it’s crucial to understand your legal options. Generally, the state government, its agencies, and employees are protected from lawsuits. However, sovereign immunity is not absolute and has several exceptions under the New Jersey Tort Claims Act (NJTCA), allowing individuals to pursue legal action against the state or its employees in specific circumstances. The NJTCA outlines the conditions under which the state waives its right to immunity. The Tort Claims Act does impose certain rules.
The most notable rule is that those who wish to file a lawsuit against the government after an injury must first file a Notice of Claim. This is a formal written letter to the government informing them of your intentions. Essentially, it provides the government with the opportunity to investigate the merits of the claim. It’s important to note that the statute of limitations for personal injury claims in New Jersey is typically two years from the date of the injury. However, if you sustained injuries on government property, the statute lowers. Instead, you must send a Notice of Claim within 90 days of the incident. In the claim, you will need to include details about the accident and a brief description of the damages sustained.
If you are unfamiliar with the Notice of Claim requirements or have missed the 90-day deadline, it’s in your best interest to consult with an experienced attorney from The Law Offices of Christopher T. Howell, Esq. Connect with our firm today for guidance and skilled representation.
