We Represent People Injured By State, Municipal, and Other Public Entities
Public entity liability involves many types of claims, including claims made against police departments, State and municipal government employers and employees, and school districts. Types of State and municipal claims include:
- Excessive force by the police
- Improper pursuit by the police
- Dangerous conditions on public property, including parks, government workplaces, or schools
- Poorly maintained or designed roads
- Negligence of a municipal employers or employees
- Discrimination by a government official or entity
You have the right to be represented by an attorney. In New Jersey, legislation known as the Tort Claims Act, also known as Title 59, lays out the specific law that an injured claimant must carefully follow when suing a public entity. A claim against Public Entity is an intricate area of the law that only an experienced lawyer can guide you through.
First, if you have been injured and you think that a public entity is possibly at fault, you must notify the public entity, in writing, by certified mail, within not later than 90 days of the incident. Generally, if you do not comply with the 90-day notice requirement, your claim will be barred forever. The Tort Claims Act also spells out what information must be included in the 90-day notice letter. The Tort Claims Act is a complex web of laws with many exceptions. In addition to the 90 day notice requirement, the statute of limitations against public entities can be different in certain circumstances. For example, if you are injured as a result of the negligence Port Authority of New York and New Jersey, you have to file notice, and you must then file a lawsuit within one year of the date of your injury.
If you are unable to settle with the public entity within six months of the notice, you are then entitled to file a lawsuit. The Tort Claims Act also limits the amount of time you have to file a lawsuit after giving notice, which is generally two-years from the date of the incident that gives rise to the claim.
At Shebell & Shebell, we are well-versed in public entity law and the New Jersey Tort Claims Act. An experienced attorney can help you navigate the complicated procedures prescribed by the Act.
The Tort Claims Act grants broad immunities to government employees for their actions. Each immunity that is listed within the statute has specific situations in which it can be applied. In some instance, our attorneys will challenge the public entities ability to assert their claim of immunity. We analyze in detail every claim to determine if a viable cause of action exists.
In some situations you may not be permitted to make a claim against the government unless an employee acted willfully or outside the scope of their discretionary powers. In some situations if we cannot prove that the employee acted willfully, or with gross negligence, the public entity may not be held liable for their actions. Despite this limitation, public employees may not act in complete disregard for the rights of others. If a public employee’s action constitutes a crime, fraud, malice or willful misconduct, you may still have a viable claim.
Additionally, a claimant must show that he or she has suffered a permanent injury that has impacted that person’s usual and customary activities to a significant degree.
If You Have Been Injured, We Can Help
The skilled public entity liability lawyers at Shebell & Shebell will gather and preserve all evidence to support your claim. If the firm determines that we can pursue the case, we will prepare and file the necessary documentation, in accord with the requirements of the Tort Claims Act. We can advocate on your behalf in all proceedings, and give you trusted legal advice at every step along the way. If you have been injured due to the negligence of a public entity, call us at 866-957-5237 or contact us online today.
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