Injuries Due to Municipal Negligence?

When a municipality is the cause of an injury due to negligence, pursuing a personal injury claim becomes more complex than a typical lawsuit. In New Jersey and other states there are certain legal requirements and different deadlines that have to be met when you file a claim against a governmental entity. The Licatesi Law Group is well versed in handling municipal liability cases and can assist you in the challenges that may come with pursuing this sort of claim.

WHAT MAKES A MUNICIPALITY LIABLE FOR INJURIES?

There are legal duties to maintain public spaces and infrastructure in a reasonably safe condition for residents and visitors on the part of the municipalities. When a municipality breaches or fails in this duty their negligence may result in an injury and they can be held liable under New Jersey Tort Claims Act for this negligence. Some common forms of negligence include poorly maintained roads, failure to address hazardous conditions, negligence on the part of a government employee, or improper maintenance of public parks or recreation facilities.

THE STATUTE OF LIMITATIONS AND NOTICE REQUIREMENTS

One of the most important steps in filing a claim against a municipality in any state including in New Jersey is the strict deadline that is imposed by statute. Different than in a regular personal injury case which allows up to two years to file a lawsuit, while in a claim against a municipality it requires an earlier filing date. There is a notice requirement before you are able to file a lawsuit in which you must submit a form known as a Notice of Claim to the correct governmental entity within 90 days of the date of the incident. It has to have specific details of the accident, the date, location, and injuries sustained, and the damages that are being sought. Then there is the waiting period in which after the Notice of Claim is filed the municipality has time to investigate the claim which is around six months and they can request additional information or have interviews to get further information on the incident. If the claim is denied or isn't resolved within this time period you then have two years from the date of the incident to file a lawsuit in court against the municipality.

CHALLENGES

Bringing this type of claim is challenging because governmental entities have immunity defenses they can raise, the burden of proof is harder to satisfy, and there are several procedural complexities that may arise like meeting deadlines. The Licatesi Law Group has a team of dedicated attorneys that are experienced in these types of cases and can help you in filing your claim against a municipality. If you or a loved one have been injured due to the negligence of a municipality, contact The Licatesi Law Group today for a consultation on how you should proceed after your accident.