Injured on Public Property in New Jersey? Your Guide to Filing a Claim
Accidents happen everywhere, but when they occur on public property—such as a sidewalk, park, or government building—the process of seeking compensation can become complicated. Filing a claim for injuries sustained on public property in New Jersey involves navigating unique legal challenges, including strict filing deadlines and sovereign immunity laws.
This guide explains how to protect your rights, outlines the steps for pursuing a claim, and highlights how a personal injury lawyer can help you secure the compensation you are seeking.
Understanding Public Property Claims in New Jersey
Public property claims arise when an injury occurs on land or in a facility owned by a government entity, such as a municipality, county, or the state. Common examples include:
- Slips and falls on poorly maintained sidewalks or public stairways.
- Trips and falls due to potholes or uneven surfaces.
- Accidents in public parks caused by defective playground equipment or hazardous conditions.
- Injuries in government buildings, such as slipping on wet floors or falling due to broken railings.
Proving Negligence in Public Property Claims in New Jersey
When filing a personal injury claim for an accident on public property in New Jersey, you must prove negligence on the part of the government entity. This requires demonstrating several key elements, as outlined under New Jersey law:
Duty of Care
The first step is establishing that the government entity had a duty of care to maintain the property in a safe condition for public use. This duty includes routine inspections, timely repairs, and addressing hazards that could pose a danger to visitors.
Breach of Duty
Next, you must show that the government entity failed to meet its duty of care. This might involve proving that the entity ignored or overlooked a hazardous condition, such as a broken sidewalk, uneven pavement, or dangerous playground equipment.
Knowledge of the Hazard
To hold a government entity liable, you must demonstrate that they either:
- Had actual knowledge of the hazard but failed to address it, or
- Should have reasonably known about the hazard through routine inspections or maintenance.
For example, if a pothole existed for weeks and multiple complaints were filed, it could indicate that the government entity should have been aware of the issue.
Causation
You must establish a direct link between the government’s breach of duty and your injury. This means proving that the hazardous condition directly caused your accident and resulting injuries, without any intervening factors.
Damages
Finally, you must provide evidence of the damages you suffered as a result of the accident. This includes medical bills, lost wages, pain and suffering, and other related costs. Comprehensive documentation, such as medical records, photos of the scene, and witness statements, is essential to substantiate your claim.
Understanding these elements is crucial when pursuing a personal injury claim against a government entity. A skilled personal injury lawyer can help gather evidence and present a compelling case to prove negligence effectively.
Challenges of Filing a Claim Against a Municipality
Filing a personal injury claim against a government entity in New Jersey differs significantly from filing against a private property owner. Key challenges include:
Sovereign Immunity
Under the New Jersey Tort Claims Act (TCA), government entities and employees are generally protected from lawsuits unless specific conditions are met. To file a claim, you must prove that your injury resulted from negligence and that the situation falls within the exceptions to sovereign immunity.
Notice of Claim Requirements
New Jersey law requires you to file a Notice of Claim within 90 days of the incident. This document provides details about your injury, the circumstances surrounding it, and the compensation you seek. Missing this deadline can result in losing your right to file a lawsuit.
Strict Burden of Proof
Proving negligence in public property cases can be more complex because you must show that the government entity had prior knowledge of the hazard or failed to act within a reasonable timeframe to address it.
Steps to Filing a Claim for Injuries on Public Property
When filing a personal injury claim against public property, these are the steps you should take to ensure you build your case.
Seek Medical Attention
Your health should always be your top priority. Seek medical attention immediately after the accident to ensure your injuries are documented. These medical records will play a crucial role in your claim.
Report the Incident
Notify the relevant government agency or property management department about the accident as soon as possible. This establishes a record of the incident.
Document the Scene
Take photos or videos of the hazardous condition that caused your injury. Collect contact information for witnesses who can corroborate your account of the incident.
File a Notice of Claim
Submit a detailed Notice of Claim to the appropriate government entity within 90 days of the incident. This notice must include:
- Your personal information.
- A description of the incident and location.
- Details of your injuries and damages.
- Names of government officials who caused the injury (if known)
- The compensation you seek.
Consult a Personal Injury Lawyer
Public property claims involve numerous legal complexities. A skilled personal injury lawyer at Drazin & Warshaw can help you navigate the process, meet deadlines, and build a strong case.
Types of Compensation You May Be Entitled To
If your claim is successful, you may be eligible for compensation to cover various damages, including:
- Medical expenses: Both current and future treatment costs.
- Lost wages: Income lost due to your inability to work.
- Pain and suffering: Compensation for physical and emotional distress.
- Rehabilitation costs: Physical therapy or occupational therapy needed to recover.
How a Personal Injury Lawyer Can Help
Navigating the legal system alone can be overwhelming, especially when dealing with government entities. A personal injury lawyer experienced in public property claims can provide invaluable assistance by:
Investigating the Incident
Your lawyer will gather evidence, interview witnesses, and consult with experts to establish negligence on the part of the government entity.
Handling the Notice of Claim
Meeting the 90-day deadline and ensuring your Notice of Claim is complete and accurate are critical. Your lawyer will handle this process to avoid errors that could jeopardize your case.
Negotiating with Government Entities
Government agencies often have experienced attorneys defending them. Your lawyer will negotiate aggressively on your behalf to secure a fair settlement.
Representing You in Court
If a settlement cannot be reached, your lawyer will file a lawsuit and represent you in court to pursue the compensation you’re seeking.
Frequently Asked Questions
Here are some of the most common questions asked about filing a personal injury claim against a public entity.
1. Can I sue the government if I’m partially at fault?
Yes, New Jersey follows a comparative negligence rule. You can still recover compensation if you are partially at fault, but your award will be reduced by your percentage of fault. Anything more than 50% and you won’t be able to collect any damages.
2. What happens if I miss the 90-day deadline?
If you fail to file a Notice of Claim within 90 days, you may lose your right to pursue compensation. However, exceptions may apply in rare cases, such as incapacitation. Consult a lawyer immediately if you’ve missed the deadline.
3. Do I need a lawyer to file a claim?
While it’s not legally required, having a lawyer greatly increases your chances of success. Government entities have legal teams defending them, and a lawyer ensures you are not at a disadvantage.
Injured on Public Property? Call the Personal Injury Lawyers at Drazin & Warshaw for Legal Guidance in New Jersey
Filing a personal injury claim for an accident on public property can be challenging, but you don’t have to face it alone. At Drazin & Warshaw, our experienced attorneys have a deep understanding of New Jersey’s laws and are committed to fighting for the compensation you’re seeking for your injuries.
If you’ve been injured on public property in New Jersey, don’t wait. Call 732-333-8141 or fill out our online contact form to schedule a free consultation with one of our experienced personal injury lawyers. We help clients in Red Bank, Hazlet, Brick, Westfield, and across New Jersey.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
