What Meets the Notification Requirement
You have probably heard of people filing personal injury lawsuits against businesses, drivers, physicians, or companies that are responsible for having caused injury to an innocent shopper, driver, patient, or consumer. These lawsuits seek compensation for the medical expenses that result from injury, as well as for any lost wages, rehabilitations, or pain and suffering, and where negligence can be shown, they are frequently successful. But what happens when the entity or person responsible for your injury is a government agency or employee? We’ve all heard that you can’t fight City Hall, but is it true?
In the state of New Jersey, you are able to file a lawsuit against a public agency, but the rules for doing so are far different from those for suing a private person or business. The state has established a protective statute against torts that limits its liability. Under Statute Title 59, Chapter 9, paragraph 2e, those who have suffered physical damage and who have insurance policies that provide coverage must file a claim with their insurers and that they must deduct any compensation that they receive from their claim against the state agency. The state also expects that those who have been injured go through their insurance claims process and determine what the amount to be deducted will be before submitting a claim to the state.
Despite asking for this process to be completed, the state has also imposed a very limited notification requirement of just 90 days after the accident occurred. Failure to get the paperwork completed and sent within this framework will result in a failure to get the compensation that you need.
The notification requirement is essentially an expedited version of the statute of limitations that is placed on all personal injury lawsuits. In most cases victims are able to take two to three years before filing a lawsuit. This amount of time is often necessary to fully understand what the impact and extent of the damages suffered will be.
The state of New Jersey’s notification requirement asks those who have been injured to provide extensive information, including:
- The name and address of the person filing the claim, as well as any other parties that are named in the claim or to whom notices are being sent.
- Information about the accident itself, including the date and location and detail about what happened.
- Information about which state agency was responsible for the injury and what their role or negligent act consisted of.
- Information and documentation regarding any damages, injuries and expenditures for which compensation is being sought.
- The name and address of anybody that witnessed the incident leading to the claim.
- Information about any other claims that have been filed with reference to the incident, and compensation that has been or is anticipated to be received.
Filing a claim against a government agency can be intimidating, and the rules must be carefully followed in order to get the compensation you need. Contact the attorneys at Wallace Law to speak to us about legal representation.