What is a notice of claim?

All property owners have the responsibility of making sure their property is free and clear of any hazards, even if that property owner happens to be a municipality or another public entity. That being said, bringing a lawsuit against a public entity is a bit different than bringing a claim against a private citizen. When a person is injured on public property such as a park, school grounds, or other municipal property, they may be unsure of how to file a claim against the owner.

In order to bring legal action against a municipality, the injured party is required to file a Notice of Claim. The purpose of this is simply to inform the public entity that their negligence caused an individual to become injured. The injured party is required to fulfill this obligation within 90 days from the date of the accident. After the public entity or municipality addresses the Notice of Claim, the injured party has six months from the date of the notice to try and come to a settlement. If a settlement cannot be reached within this time period, the injured party can file a lawsuit if they would like to do so.

One of the reasons that bringing legal action against a public entity is so different than other situations is because of the provisions detailed in the Tort Claims Act. It is important to retain the services of an experienced attorney who can guide you through the intricacies of this Act and help you recover compensation for your injuries. Contact Shebell & Shebell today for strong legal representation when faced with an injury.