What Happens if My Attorney Fails to File a Tort Claims Notice?

Posted September 7th, 2022.

Categories: Legal Malpractice.

Your attorney holds many responsibilities when you employ them to represent you, one of them being to file a tort claims notice on your behalf. If they fail to do so, this can be detrimental to your case. Follow along to understand how a proficient New Jersey legal malpractice attorney at The Law Offices of Mark S. Guralnick can help you hold your negligent attorney accountable.

How is a tort claims notice defined?

Under the Federal Tort Claims Act, if you plan to file a personal injury claim against a government agency, you must present a written tort claims notice. This document must describe the injuries you sustained, the alleged negligence of the government agency, and the exact dollar amount of damages that you are seeking.

What are the most common injuries that would require a tort claims notice?

Below is a comprehensive list of injuries that you require your attorney to file a tort claims notice on your behalf:

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

What are the consequences if my attorney neglects to file a tort claims notice?

Although you will eventually file a personal injury claim against the at-fault government agency, it is imperative that the tort claims notice be filed first. According to federal and New Jersey state law, this filing must be done within a certain timeframe. Specifically, in the state of New Jersey, the deadline to do so is 90 days from the date of your accident.  If your attorney neglects to do so within these 90 days, you will lose out on your chance to sue and ultimately on the financial compensation that you rightfully deserve.

This error shows your attorney’s carelessness in handling your claim. And so, you must hold them accountable for their wrongful actions via a legal malpractice claim. With this, do not hesitate in reaching out to one of our talented attorneys at our legal malpractice law firm located in Cherry Hill at your earliest convenience. We will talk you through the next efforts for you to obtain compensation to recover your damages.

Contact our experienced New Jersey firm

If you require the services of a dedicated legal malpractice attorney in New Jersey, please contact The Law Offices of Mark S. Guralnick today for a free consultation.

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