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

Posted September 24th, 2019.

Categories: Legal Malpractice.

When you are injured on government property or by a public employee, your attorney will have to file what is known as a “tort claims notice.” A tort claims notice essentially informs a government agency that you are filing a claim against it. This is standard procedure, and with an experienced attorney, there should not be a problem. However, if a negligent attorney fails to submit a tort claims notice within the legally acceptable timeframe, there is a very good chance an injured individual will lose his or her right to file a lawsuit against a government agency.

In New Jersey, attorneys are required to file a tort claims notice within 90 days. When attorneys do not get the ball rolling either due to laziness, forgetfulness, or any other reason, clients are left to feel the ramifications of their negligence. This is unacceptable. If an attorney has any objective in mind other than helping a client get back on their feet, they deserve to be brought to justice. Though you may have lost out on a potential personal injury lawsuit, you are not yet out of options. By hiring an experienced and dedicated legal malpractice attorney, you may sue your previous attorney for legal malpractice.

The compensation you receive from a successful legal malpractice lawsuit may help you cover the cost of your medical bills, in-home care, or any of the other damages brought about by your accident, and then further compounded by the actions–or lack thereof–of a negligent attorney. Below, you will find a list of several scenarios and locations where an attorney is required to file a tort claims notice. If your attorney failed to file a tort claims notice and you were injured under any of the following circumstances, you may file a legal malpractice lawsuit:

  • Slip and fall injuries due to poor sidewalk or street conditions, such as potholes
  • Injuries sustained while in public housing
  • Injuries sustained in public schools
  • Injuries sustained due to faulty or defective traffic lights
  • Slip and fall injuries due to inadequate street lighting
  • Injuries that occurred either at a post office or the Social Security Office
  • Injuries that occurred on mass transit, such as buses or trains
  • Injuries sustained on any other facility under control of the county, city, or state

Do not let a careless or unprofessional attorney take advantage of your situation. When you are seriously injured, you need an attorney who you can trust will fight for your rights. If you are looking to file a lawsuit against a negligent attorney, you’ve come to the right place.

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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