If you have been injured due to someone else’s negligence in New Jersey, you are entitled to pursue legal action against the responsible party to seek compensation for your damages. However, if the party responsible for your injuries is a government agency or employee, filing a claim is slightly more complicated as you will have a much tighter deadline. Under these circumstances, you will likely need to file a Notice of Claim. Please continue reading to learn the statute of limitations for filing a Notice of Claim in New Jersey and why connecting with our determined Essex County Personal Injury Attorneys is in your best interest.
What is a Notice of Claim?
Generally speaking, the state of New Jersey is protected from claims that are made against a government employee or agency. The New Jersey Tort Claims Act provides certain exceptions to the doctrine of sovereign immunity in which the government cannot be sued without its consent. Essentially, it allows injured parties to file claims for compensation against the responsible municipality when it’s believed the government is responsible for an injury or property damage. However, injured parties must file a Notice of Claim within the legally prescribed time frame.
A Notice of Claim is a written statement that is intended to provide advanced notice to a governmental entity, before the commencement of a lawsuit, that it could be subject to a claim for damages. Its primary purpose is to alert municipals to potential claims and afford them ample time to investigate the merits of the claim.
When Must I File a Notice of Claim in NJ?
In most cases, the statute of limitations for filing a personal injury case in New Jersey is two years. This means victims have two years from the date of their injury to pursue legal action against another party for compensation. It’s important to note that if you intend to pursue legal action against the state, a government entity, or a government employee, you will have to meet a much tighter filing deadline. This is because a Notice of Claim must be filed within 90 days of the alleged incident. Failure to do so will relinquish your right to sue and provide the public entity with immunity on any alleged injury claim. In other words, failure to file a Notice of Claim within the legally prescribed time limit will result in the absolute bar of recovery.
Nevertheless, there are certain exceptions to the 90-day notice requirement. This legal requirement often imposes a burden on the injured party to act quickly in pursuing their claim. However, in cases where an injured party is unable to pursue their claim within this timeframe because of physical or mental incapacity or disability, they are allotted one year. The notice requirement is only extended in cases of extraordinary circumstances in which an individual is restricted in their ability to submit a claim.
At the Law Offices of Christopher T. Howell, Esq., we are prepared to help you navigate the claims process and safeguard your rights. If you attempt to navigate this legal process alone, you risk making errors that could jeopardize your ability to obtain compensation for your damages. Connect with our dedicated legal team today to learn how we can help you fight for the justice you deserve.
