New Jersey Title 59 – What you should know…

Have you been hurt by a public entity in New Jersey? If so, you should speak with a personal injury attorney as soon as you can.

Claims Against NJ Public Entities

What is a public entity in New Jersey? They include the Port Authority, New Jersey Transit, any city/state/county/town of New Jersey, a board of education, a town’s trash removal service, a school, sidewalk, and anything else related to the state or local government.

It is common for various accidents and injuries to occur that involve public entities in this state. These often include falls due to maintenance neglect, public transportation crashes, etc.

Each personal injury case will vary, but all cases must follow a specific timeframe:

You must file your special claim within 90 days of the accident or incident. This must be filed on a special form called TORT claim notices. You should consult with an attorney immediately for assistance in filing these documents. This is critical. Even if you have a very serious accident and a legitimate claim, not filing the notice on time can lead to dismissal. The courts generally do not care why you were unable to comply with the deadline. After the initial filing, the town or government entity will send their own forms in response.

You also must determine if you even are eligible to file a claim. Therefore it is important to work with an experienced New Jersey personal injury attorney. You should tell the attorney all the facts about the case, including where it happened, how, injuries suffered, and pain you are having. Your personal injury attorney can advise you if you have a compelling case or not. We give free initial consultations to all potential clients.

Further, note that Title 59: 9-2 is very complicated, and the key passage in the statute is Paragraph D, which states that no damages may be awarded against a public entity or employee for pain and suffering resulting from an injury; provided that the limitation on damages recovery for pain and suffering does not apply in a case of permanent loss of a bodily function.

What does a ‘permanent loss of bodily function’ mean? It can include many types of injuries, such as a herniated disc, knee, neck or shoulder injury and more.

Further, the statute also mentions permanent dismemberment or disfigurement where the medical treatment expenses are more than $3600.
Even if the claim does not have medical expenses of $3600, the treatment may go beyond the claim filing. It is advisable to file the notice of claim as soon as you are injured.

Speak to a Personal Injury Attorney Immediately

Hopefully, the information above drives home the point: Title 59: 9-2 is complex, and filing a successful claim requires the expertise of an experienced New Jersey attorney. Please contact our offices today for a free consultation (201) 944-9200.

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