How Do I File a Claim Against the Government?

When you sustain injuries on government property, it’s imperative to understand that you will face a unique filing process. The statute of limitations is often shorter compared to other personal injury claims in New Jersey. Please continue reading as we explore what you should know about these matters and how a determined Morris County Personal Injury Attorney can help you navigate the complexities of this legal process. 

What is Premises Liability?

In New Jersey, property owners have a legal duty to maintain a safe environment for visitors. This means they are responsible for identifying and addressing potential hazards that could lead to devastating accidents and injuries. If a property owner fails to fulfill their duty of care and someone is injured as a result of dangerous property conditions, the owner may be held liable for damages under premises liability laws.

It’s crucial to understand that the government is subject to the same premises liability laws as private property owners. If you have been injured on government property due to negligence, you may be entitled to compensation. However, your claim must be filed within a specific timeframe.

Is There a Different Statute of Limitations for Injuries Sustained on Government Property?

If you are injured on government property in New Jersey, it’s imperative to understand your legal options. Generally, the government is protected from lawsuits under the sovereign immunity doctrine. However, this protection is not absolute as the New Jersey Tort Claims Act allows individuals to pursue legal action against the state or its employees under specific circumstances. You should note that when this immunity is waived, there are additional rules you must follow.

The Tort Claims Act requires you to act promptly. Unlike private property claims in New Jersey, where you can sue directly, you typically need to first file a Notice of Claim with the government agency responsible for the property where the injury occurred. A Notice of Claim is a document that informs the government that it may be subject to legal action. This provides them with ample opportunity to investigate the merits of the claim. The statute of limitations for personal injury claims is typically two years from the date of the injury. However, if the accident occurred on government property, the statute lowers. As such, you must file a Notice of Claim within 90 days of the incident. If you fail to do so, you will face the absolute bar of recovery.

At Lutz Injury Law, we are prepared to help you take the necessary steps to pursue a claim against the government for injuries sustained in an accident. Connect with our firm today to learn how we can fight for you during these difficult times.