Tort Claims and Legal Malpractice in NJ | What You Need to Know
Posted September 15th, 2020.
Categories: Legal Malpractice.
If you have recently been injured on government property or due to a negligent government employee, there is a very good chance you turned to a personal injury attorney to help you recover the compensation you needed to cover the cost of your medical bills, lost wages, pain and suffering, and more. That being said, all personal injury attorneys must be familiar with tort laws in their state. In New Jersey, for example, when someone is injured on government property or by a government employee, that person’s attorney is required to file something known as a tort claims notice.
Of course, for an experienced personal injury, this is a simple formality, something he or she does frequently. However, when an attorney is careless or does not possess sufficient knowledge of the law, that attorney may forget, or not realize that he or she has to file a tort claims notice. Generally speaking, this should be the easiest part of the personal injury claims process, as all you are doing is informing the government entity that you will be pursuing financial compensation in a lawsuit against them. Unfortunately, failing to file a tort claims notice can put your entire case in jeopardy.
All of the following incidents require personal injury attorneys in New Jersey to file tort claims notices before pursuing legal action:
- When someone gets hurt in a public school
- When someone is injured while riding mass transit (buses, trains, etc.)
- When someone slips and falls and is injured because of defective/insufficient street lights that are owned by a municipality
- When someone is injured either at a post office or a Social Security Office
- When someone is injured because of a defective/not working traffic light
- When someone is injured on a sidewalk that is owned by a municipality
- When someone is injured on any other facility or land under the control of a county, city, or state.
You should understand that after being injured on public property owned by the state, your attorney will have to file your tort claim within 90 days of your accident. If he or she does not, you will most likely be barred from suing. If your attorney forgot to take this simple action and ruined your chances of winning a personal injury claim, he or she should be held accountable. Simply reach out to our experienced New Jersey legal malpractice attorney today to learn more about how we can help you.
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.