When a person is injured on another person’s or businesses’s property, many times the injured party may be able to file a premises liability claim in order to recover compensation for their damages like medical expenses, lost income, and physical and emotional pain and suffering.
However, when those same kinds of injuries occur on government property such as the Post Office or at the Motor Vehicle Division, the process for filing, and ultimately succeeding with a premises liability claim is much different than if the claim is being filed against a private owner or institution.
If you have been injured on government property, either State or Federal, call our office today to discuss your unique needs and concerns when it comes to how you may be able to recover compensation for your injuries through a premises liability claim.
New Jersey law requires that you file a notice of claim within 90 days of your accident if it took place on government property. This is in stark contrast to the usual two year statute of limitations that applies to most other types of personal injury claims. It is recommended that this notice be sent via certified mail so that you can be assured of its delivery.
However, before submitting this notice of claim, it is highly recommended that you speak with our Paterson premises liability attorneys to discuss the particulars of your case, and gain a better understanding of the government property injury claims process.
After submitting your notice of claim, the government will launch a formal investigation into your accident. As can be expected with the government, this may be a slow-moving, tedious process. However, by filing your initial claim, you maintain your legal right to sue at a later date.
For example, section 3e: “State the negligence or wrongful acts of the state agency and state employees which caused your damages”. This is the primary basis of your claim. Premises liability negligence can be a complicated legal matter. Allow our experienced team of attorneys to assist you with your initial notice of claim filing so that you can reach a successful conclusion down the road.
Filing a claim against the US government or New Jersey state government is an entirely different process than filing a standard personal injury claim. It is important to reiterate that you have only 90 days to file your initial notice of claim. If that deadline is not met, you will forfeit your right to recover compensation for your personal injury sustained on government property. Government agencies also have specific laws used to protect them from liability which can be found in the Federal Tort Claims Act or the New Jersey Tort Claims Act.
The government has the right to delay your lawsuit a maximum of six months after your notice of claim was filed. During this review period, the government will likely request additional information and you are required to respond promptly and truthfully for your claim to remain valid. There are also explicitly stated limitations for what the government can and cannot be held liable.
Individuals may be held liable in personal injury cases taking place on government property “if it is established that his conduct was outside the scope of his employment, or constituted a crime, actual fraud, actual malice or willful misconduct”. In other words, if a government employee acting with purposeful negligence or recklessness led to your personal injury on government property, you may have a claim against that individual.
Beyond what we have discussed above, visiting a doctor after your government property accident is always recommended for several reasons. Many injuries sustained in accidents are not immediately obvious, some of which may lead to permanent damage if not treated quickly. You will also have the added advantage of having a doctor’s diagnosis of your injury for legal reasons. The longer you wait to confirm your diagnosis, the weaker your case becomes as it may be argued that your injury or condition was unrelated to your accident on government property.
Do not sign any documents without speaking to your attorney. This is best practice in all legal matters, but particularly when filing a personal injury claim with the government. Again, this includes the initial notice of claim which needs to be filled out effectively in order for your claim to gain traction. Future inquiries and contacts with the government should all go through your attorney as well to ensure you are covered.
The incredible complexity of this type of personal injury claim can be overwhelming. Contact your Little Falls attorneys today to discuss the specifics of your case and to ensure that you are protected moving forward.
At The Law Office of Fredson & Statmore, our attorneys have over 50 years experience helping clients across Little Falls, Clifton, Wayne, Paterson, West Milford, and the greater Passaic County area to successfully recover compensation in personal injury lawsuits of all kinds, including government premises liability claims.
To speak with our firm today in a free and confidential consultation regarding your potential government premises liability claim, please contact us online, or through our Clifton, NJ office at (973) 771-5259.
We take all personal injury cases on contingency, meaning you do not have to pay us or any of the expenses related to your case until we successfully resolve your case. If your injuries prevent you from meeting with us in our office, we are happy to come to you.