The Consequences of Not Filing a Tort Claims Notice | Can I Sue for Legal Malpractice?

Posted June 8th, 2022.

Categories: Legal Malpractice.

If you are injured on government property or by a public employee, an attorney must take several steps in representing you, one of them being to file a tort claims notice. If they fail to do so and you believe that you lost your case because of it, you may be eligible for a legal malpractice claim. Find out how a proficient New Jersey legal malpractice attorney at the Law Offices of Mark S. Guralnick can assist you in determining your defense and fighting for your missed compensation.

What are the most common injuries that would require an attorney to file a tort claims notice?

The most common injures that would require an attorney to file a tort claims notice on your behalf include the following:

  • Injuries sustained on a government-owned bus or train.
  • Injures due to a defective traffic light owned by a municipality.
  • Injuries sustained on a poorly maintained sidewalk owned by a municipality.
  • Injuries caused by insufficient lighting owned by a municipality.
  • Injuries sustained at a post office or a Social Security Office.
  • Injuries sustained at a public school.
  • Injuries sustained at any other facility or land owned by a county, city, or state.

What happens if my attorney fails to file a tort claims notice?

Your attorney must file a tort claims notice with a government agency to advise them that somebody is making a claim against them. Although you will eventually file a personal injury claim against the agency, the tort claims notice still must be filed first.

Under federal and New Jersey state law, this filing must be done within a fixed period of time. In the state of New Jersey, the deadline to do so is 90 days from the date of the accident.  If your attorney fails to do so within this timeframe, you will lose out on your opportunity to sue and ultimately on your claim to the financial compensation that you rightfully deserve.

This error is typically due to your attorney’s negligence and carelessness. If this has happened to you, you may want to hold this attorney accountable for their actions through a legal malpractice lawsuit. If so, do not hesitate in reaching out to a talented New Jersey legal malpractice attorney today. Our firm can walk you through the next steps for your claim and right the wrongs of your previous attorney.

Contact our experienced New Jersey firm

The Law Offices of Mark S. Guralnick is an experienced and committed legal team for clients throughout the state of New Jersey. Our team effectively serves victims of legal malpractice. If you require the services of a dedicated attorney, please contact The Law Offices of Mark S. Guralnick today for a free consultation.

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