Do I have a legal obligation to do anything immediately after an accident involving a public entity or their employees?

Usually there are no legal requirements immediately following an accident. However, claims against public entities or their employees are an exception. If you are injured due to the negligence of a public entity or its employees, you must file a legal notice within 90 days of your accident. The legal notice is also known as a Tort Claim Notice.

Filing a Tort Claim Notice

If you do not file the Tort Claim Notice within 90 days, your claims are generally barred. Thus, an immediate investigation of potentially responsible parties is very important. Usually your lawyer will make this determination and serve the Tort Claim Notices if you schedule a consultation within 90 days of your accident. If you are past the 90 days, you can file an application with the court to extend the deadline if you file the application within one year of your accident. However, there is an extremely high hurdle to get an extension.

A Tort Claim Notice must contain the following the information:

  • The name and post office address of the claimant;
  • The post-office address to which the person presenting the claim desires notices to be sent;
  • The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted;
  • A general description of the injury, damage or loss incurred so far as it may be known at the time of presentation of the claim;
  • The name or names of the public entity, employee or employees causing the injury, damage or loss, if known; and
  • The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed.

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RAM Law represents all of Central Jersey in personal injury cases and is staffed by experienced accident and injury attorneys. We provide legal help for victims of slip and fall accidents, medical malpractice, workplace injuries, truck and car accidents, and other personal injuries. Call (732) 247-3600 to discuss your case and set up a free consultation at our New Brunswick or Somerville law offices.

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