In New Jersey, as in every state, if you've been injured in an accident where someone else was at fault, you have the option of filing a personal injury lawsuit in civil court. But what if your injury was caused by the negligence of a government employee or agency? Let's say you got into a car accident with a city employee who was on duty, or you had a slip and fall in a state-owned building, for example.
In situations like these, in order to get compensation for your injuries and other losses, you'll probably need to file a claim under the unique rules laid out in the New Jersey Tort Claims Act. Read on for the details.
States like New Jersey are entitled to "immunity" from most kinds of liability, meaning you can't typically file a lawsuit against the state government. But every state has partially given up or "waived" this immunity by passing laws that lay out when and how the government might be held liable for harm caused by its own negligence, or by the negligence of a government employee who's carrying out their duties.
The New Jersey Tort Claims Act, which can be found at Title 59 of the New Jersey Revised Statutes, is one of these laws. It lets people file claims for compensation when the government might be to blame for an injury or for property damage, but claim-filing procedures and strict deadlines must be followed.
The Act lays out a pretty broad definition of when the government might be liable for injuries and other harm, stating that a public entity can be liable "to the same extent as a private individual under like circumstances" any time someone is harmed by a public employee who acted (or failed to act) within the scope of their employment. (New Jersey Rev. Stat. section 59:2-2).
In other words, if you could bring the claim against the person who injured you if they were a private citizen, you can bring the claim against the public entity under the New Jersey Tort Claims Act. So, a traffic accident with a city bus or a slip and fall in a state-owned building are among the many kinds of incidents that could give rise to a claim under the Act.
But there are a number of situations where the government can't be liable, according to the Act, including injuries and other harm allegedly caused by:
Yes. According to the Act, a "public entity" includes:
This broad definition of "public entity" means if you think any government entity in New Jersey (whether at the state or local level) is responsible for your injury or other harm, you'll use the procedures laid out in the New Jersey Tort Claims Act to try to get compensation.
A claim made under the Act must include:
The claimant (or someone acting on the claimant's behalf) also needs to be sign the claim.
The Act lets public entities produce their own claim forms and make them available to the public (online, for example), and a lot of leeway is given to the government when it comes to requesting additional information and actions from the claimant. For example, the claimant might be asked to:
New Jersey Rev. Stat. section 59:8-6.
If you're making a claim against the state or one of its agencies, you can usually file it with the Attorney General's office, or with the New Jersey Department of Treasury's Bureau of Risk Management (which provides an online claim form and instructions for claimants). The Bureau of Risk Management also suggests (but doesn't require) that you send the form and any supporting documentation via certified mail, so you'll have proof that the Bureau received it.
Claims against cities, counties, and other local public entities should be filed directly with those entities, according to New Jersey Rev. Stat. section 59:8-7. Do an online search to see if the local entity has claim forms and other instructions available on its official website.
The Act says that a claim for injury, death, or damage to property must be filed 90 days from the date of the incident. Failure to get the claim filed within this 90-day window almost certainly means "the claimant shall be forever barred from recovering against a public entity or public employee," according to New Jersey Rev. Stat. section 59:8-8.
Yes. The New Jersey Tort Claims Act limits how much compensation ("damages") a claimant can receive, in several key ways.
Compensation for "pain and suffering" isn't available under the Act (New Jersey Rev. Stat. section 59:9-2(d)) except:
This is a significant limitation, because in terms of dollar figures, pain and suffering damages often make up the largest category of an injury claimant's compensation. Learn more about how pain and suffering works in a personal injury case.
New Jersey Rev. Stat. section 59:9-2(e) says that if you have insurance that covers the incident giving rise to the claim, the amount you receive (or could receive) from your insurer will be deducted from any damages award you receive from the public entity. One exception is life insurance benefits, which usually won't be deducted under the New Jersey Tort Claims Act if the claim is over a wrongful death.
Once you file your claim under the New Jersey Tort Claims Act, the public entity will investigate the underlying incident, determine whether or not a government employee was indeed negligent, and either pay the claim (through settlement) or deny it.
If your claim is denied, or if six months have passed since you filed your claim and you haven't heard anything back from the public entity, you can move forward with filing a lawsuit against the government, just as you would file a lawsuit against a private party. Learn more about proving fault in personal injury cases.)
Under the Act, this lawsuit must be brought within two years of the incident that led to the claim. Special deadline exceptions are made for claimants who are minors, or who are legally incapacitated.
Filing a New Jersey Tort Claims Act case can be tricky, especially when you're trying to get all your information together before the 90-day deadline. Things can get contentious if the public entity wants you to attend a medical examination or allow the inspection of your personal records.
You can always try handling the claim process yourself, at least initially, and consider handing things off to a lawyer if your run into potential roadblocks. Or you can put your case in the hands of an experienced legal professional right off the bat. Learn more about: