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

Posted December 22nd, 2020.

Categories: Legal Malpractice.

Oftentimes, when someone is injured due to no fault of their own, they will retain the services of an experienced personal injury attorney who will fight for the financial compensation they need to heal. Generally, as long as the attorney can prove negligence was the cause of the accident, there is a very good chance that the individual will recover the compensation he or she deserves. When individuals are injured in accidents on government property, personal injury attorneys will have to file what is known as a tort claims notice. All personal injury attorneys in New Jersey should understand NJ’s tort laws, as they are fairly simple. Unfortunately, there are times where personal injury attorneys are careless and fail to file tort claims notices on behalf of their clients.

In most cases, when this happens, it can ultimately cause clients to lose out on their right to compensation. This is unacceptable. After all, filing a tort claims notice should be the easiest part of a personal injury claim, as it simply informs the government entity that a lawsuit will be filed against it. That being said, if you are someone whose attorney failed to file a tort claims notice and you lost your case, you are most likely now looking to bring that attorney to justice. Please continue reading and speak with our New Jersey legal malpractice attorney to learn more about how we can help you through every step of the legal malpractice claims process ahead.

What are some injuries that would require an attorney to file a tort claims notice?

The following incidents require attorneys to file tort claims notices on behalf of their clients:

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

As long our New Jersey legal malpractice attorney can prove that had it not been for your initial attorney’s failure to file a tort claims notice on your behalf you would have won your case, we will most likely be able to hold your former attorney accountable in a legal malpractice lawsuit. For any additional questions, give us a call today.

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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