Tort Claims Against Government Entities: What You Need to Know
Tort claims against government entities can be a complex and challenging area of law. Individuals who have suffered harm or injury due to the negligence of a government entity may have the right to seek compensation. However, the process of filing a tort claim against a government entity involves unique rules and procedures that must be followed.
At Rossetti & DeVoto, P.C., we have extensive experience helping clients navigate the complexities of tort claims against public entities. In this blog post, we’ll provide an overview of what you need to know about these types of claims and the importance of working with an experienced attorney.
A tort claim against a government entity is a legal claim made by an individual who has suffered harm or injury as a result of the negligence of a government entity or its employees. Examples of government entities that may be subject to tort claims include state agencies, municipal governments, public schools, and law enforcement agencies.
Tort claims against government entities may arise from a variety of situations, including car accidents involving government vehicles, slip and fall accidents on government property, or incidents of police misconduct. In order to pursue a tort claim against a government entity, specific rules, and procedures must be followed.
Types of Government Entities Subject to Tort Claims
As previously mentioned, government entities that may be subject to tort claims include state agencies, municipal governments, public schools, and law enforcement agencies. However, it’s important to note that not all government entities are subject to tort claims.
Additionally, there may be certain limitations on the types of claims that can be brought against government entities at the state and local levels.
Overview of Why it is Important to Understand the Specific Rules and Procedures for Filing a Tort Claim Against a Government Entity
Filing a tort claim against a government entity is not the same as filing a claim against a private individual or business. There are specific rules and procedures that must be followed in order to pursue a claim against a government entity. Failure to follow these rules and procedures can result in a claim being denied or dismissed.
One of the most important reasons to understand the specific rules and procedures for filing a tort claim against a government entity is that there are strict time limitations for doing so. In New Jersey, for example, individuals must file a tort claim notice within ninety days of the incident that caused their injury or harm. If a case is brought in Federal Court, an entirely different set of rules and notice provisions apply.
Notice Requirements for Tort Claims
The first step in pursuing a tort claim against a government entity is to file a notice. This tort claim notice must be filed within the time limit specified by the applicable law and must contain specific information about the incident, the injuries sustained, and the damages being sought. Most importantly, it must be served on the correct governmental entity which is not as easy as it might appear.
Filing a tort claim notice can be a complex and challenging process, as it requires a detailed understanding of the specific requirements and procedures for the government entity in question. Working with an experienced attorney can help ensure that your tort claim notice is properly filed and contains all of the necessary information.
Investigating Tort Claims Against Government Entities
After a notice of tort claim has been filed, the public entity in question will begin an investigation into the claim. The investigation process can be complex and challenging, and it’s important to understand how the investigation will be conducted and what role independent investigators or attorneys may play.
The government entity’s investigation may involve an internal investigation by the entity’s own personnel or the hiring of independent investigators or attorneys to conduct an investigation. The purpose of the investigation is to gather evidence and information relevant to the claim in order to determine the validity of the claim and the amount of damages that may be owed.
It’s important to note that the government entity’s investigation may not always be unbiased or impartial. In some cases, the government entity may be motivated to protect its own interests rather than the interests of the individual who has filed the tort claim.
This is why it may be necessary to retain an independent attorney or investigator to ensure that the investigation is fair and objective. An independent attorney or investigator can provide valuable advice and guidance throughout the investigation process, as well as represent the individual in settlement negotiations or at trial if necessary.
An independent investigator or attorney can conduct their own investigation into the claim and gather evidence that may not have been obtained by the government entity’s investigation. This can include interviewing witnesses, reviewing medical records, and consulting with experts to evaluate the extent of the individual’s injuries or damages.
In some cases, an independent attorney or investigator may be able to uncover evidence that supports the individual’s claim and increases the likelihood of a favorable outcome. For example, an independent investigation may reveal that the government entity’s employees were not properly trained or supervised, which contributed to the individual’s injuries or damages.
The Benefits of Working with an Experienced Attorney
Filing tort claims notice against a public entity can be a daunting and complex process. Working with an experienced attorney can help ensure that your tort claim is properly filed and that your rights are protected throughout the legal process.
An experienced attorney can help you navigate the specific rules and procedures for filing a tort claim against a government entity. They can also help you understand your legal rights and the potential outcomes of your case. Additionally, an attorney can provide valuable advice and guidance throughout the legal process, including during settlement negotiations or at trial.
At Rossetti & DeVoto, P.C., we have extensive experience helping clients pursue New Jersey and Federal tort claims cases against government entities. Our attorneys understand the nuances of this area of law and have a proven track record of success in achieving favorable outcomes for our clients.
Contact Rossetti & DeVoto, P.C. Today
If you or a loved one has suffered harm or injury as a result of the negligence of a State, local, or Federal government entity, it’s important to understand your legal rights and the specific rules and procedures for pursuing new jersey tort claims. At Rossetti & DeVoto, P.C., we are committed to providing our clients with compassionate, personalized, and experienced legal representation.
To learn more about how we can help you pursue a tort claim against a government entity, contact us today to schedule a consultation. We will review your case and provide you with a clear understanding of your legal options and the potential outcomes of your case. Don’t wait to get the legal help you need – contact Rossetti & DeVoto, P.C. today. To read more of our content, visit our Blog Page!
