If a New Jersey Transit bus hits you while crossing the road or an emergency vehicle collides with your car, the consequences can feel overwhelming. Aside from facing severe injuries, you also worry about inflated medical bills and lost wages.
Fortunately, the New Jersey Tort Claims Act allows you to seek compensation by filing a claim against a public entity. However, the rules for this are much stricter than general car accidents.
The stringent 90-day deadline
Most personal injury cases have a two-year deadline to file a lawsuit. However, this does not apply to accidents involving public entities. You must submit a formal Notice of Claim within 90 days of the crash. This document informs the government about the details of the accident, such as the exact location, the nature of your injury and the names of public employees involved.
Failing to meet this timeframe can bar you from recovering compensation. You may file a motion with a judge asking for permission to file a late notice, but it comes with a rigorous standard. Proving extraordinary circumstances for the delay is a must.
The next steps after submitting a notice
After filing the notice, you cannot take legal action until six months have passed. This period allows the at-fault party time to investigate and consider settlement negotiations. But even with the 90-day notice, you must still file your actual lawsuit within two years of the incident.
Recovering losses with caution
Navigating these rules can be tricky. One small mistake in where or how you file can end your case before it starts. If you are hurt, it is advisable to seek immediate medical attention. Seeking legal advice from an attorney is a wise option to ensure you meet every deadline and file the correct forms.
