Auto Accidents & Personal Injury Q&A Session

Randolph (Randy) Lafferty, Esq.

Q: What do auto accidents and pedestrian falls involve?

A: Most of the time those auto accidents and pedestrian falls involve two private individuals or organizations.  But, sometimes a municipality (local town, city or township), county or the State of New Jersey can be responsible for the accident, and the injuries that result.  When “Public Entities” are involved (a municipality, county or the State, or state county or local agency) a whole set of additional rules comes into play.

Q: What rules and regulation govern accidents against public entities?

A: The New Jersey Tort Claims Act is the law that governs legal claims for injuries against “Public Entities”.  Perhaps the most important of those rules is the requirement that an individual who claims he or she was injured due to the negligence of a public entity must provide formal notice to the public entity of his or her potential claim within 90 days of the accident.

Q: What is the formal notice requirement?

A: That formal notice is called a “Tort Claims Notice”.  And, if you miss that deadline, it is extremely difficult to get permission from the courts to file the tort claims notice after the 90 days.  Without the filing of the “Tort Claim Notice” you cannot bring a claim for your injuries.

Our blogs are not intended to substitute for our legal advice to our clients based on your specific needs or requests. In addition, our guidance is subject to, and can be superseded by new laws, rules, regulations, or orders. Moreover, some directives from the Federal and State authorities can appear, and can be, contradictory or in conflict, so please contact us for assistance.

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