Government Liability Lawyers in Monmouth County, NJ

Government Agencies Must Prevent Hazardous Conditions that May Cause Accidents on Public Properties; Failure Leading to Injuries May Result in Liability for Expenses and Damages.

Under the scope of law or as an everyday citizen, learning the concept of government responsibility, especially if you live in New Jersey. Government responsibility here implies that the government—whether it’s the town or other type of municipality, county, or state—can be held accountable if their actions or their lack of effort generates a hazard or harm to people or their property. For instance, someone getting hurt in a public place or bigger cases where the government’s policies end up causing more widespread harm. While governments provide critical services, they’re not off the hook when their actions go wrong– everyone answers to the law.

If you’ve suffered injuries while on public premises in Tinton Falls, Manasquan, Asbury Park, Belmar, Neptune, Colts Neck, Howell, or other communities in Monmouth County, our proficient lawyers are ready to offer assistance. For a free initial consultation and thorough responses to your inquiries regarding government liability claims, reach out to Chamlin, Uliano & Walsh at (732) 440-3950. You can also connect with us online or through our West Long Branch, New Jersey, law office.

Overview of Government Liability Cases in New Jersey

Government Liability cases in New Jersey encompass various types of government places. One noteworthy category involves accidents, injuries, or damages within government-owned or operated structures like municipal offices, courthouses, and public facilities. Another aspect involves public spaces, including but not limited to parks, sidewalks, and recreational areas, that the government maintains, lays claim to, or controls. Claims may also arise from incidents in government vehicles like police cars, public transport, or municipal service vehicles. Educational institutions, including public schools and colleges, can also be implicated in government liability cases. Transportation infrastructure, such as government-maintained roads and bridges, may also lead to liability claims, depending on the details of each unique potential suit. Public services provided by government agencies, such as emergency response or public utilities, can also be a source of liability issues.

Government entities in New Jersey that could be held responsible for incidents on their premises include various agencies, departments, or organizations run by the state or local government like public schools and transport entities such as NJ Transit (New Jersey’s state-wide public transportation company). However, if the incident involves personal injury, the party responsible for maintaining the particular vehicle, like a distinct transit authority operator, or, in other circumstances, the driver or vehicle driver that caused the accidents, may be held liable. The government agency would only be responsible in certain circumstances.

Legal Framework of Sovereign Immunity in NJ

Government liability can arise in many ways, including personal injury suits, property damage claims, civil rights violations, etc. Depending on the circumstances, a public entity may be held accountable for such lawsuits in New Jersey. Still, the case or claim must meet specific requirements due to “sovereign immunity.”

In New Jersey, a public or government entity is any part of the government, like its agencies, departments, or groups run by the state or local government, e.g., government transportation agencies.

Now, let’s talk about the principle of “Sovereign Immunity.” In its most simplistic form, sovereign immunity is a rule that states individuals can’t typically sue or take legal action against the government or its parts unless a specific law says they can. Why does this rule exist? The decree is in place to protect the government and government or public workers from being sued excessively.

Importance of the New Jersey Tort Claims Act in Personal Injury Cases

If you want to sue a government group in New Jersey, there are special rules you have to follow. These rules are found in the New Jersey Tort Claims Act (TCA), which is like a legal guidebook in the domain of government liability for New Jersey. Under The NJ Torts Claims Act, N.J.S.A. 59:1-1, there are protections for both the government and the public and all of us as contributing members of society and as taxpayers to avoid being sued unduly and as under sovereign immunity without consent. However, TCA also lists the whens and wheres, the situations, and the conditions that, if met, entitle an individual to sue a government entity. Ultimately, the TCA is a mechanism for balancing things — giving people a chance to seek justice while ensuring the government is not bombarded with lawsuits.

For instance, if a public place owned by the government is in bad shape and harm is inflicted due to the status or current condition of the space, you may seek legal action. However, when bringing forward a case based on a space’s or facility’s development or an area’s or structure’s design, a claim against the government would not establish legal standing as sovereign immunity protections kick in. Ultimately, the viability of the case rests on how the blame is positioned, or in other words, the foundation of your claim and how it is put together and presented when trying to file a suit against the government, which can make or break the case.

It is crucial to acknowledge that there are limitations. You usually can’t sue the government for things like decisions made by law enforcement agencies like the police over how buildings and roads have been designed or choices made by government officials. These types of matters are typically protected under sovereign immunity. As you can grasp, this area of law and filing a liability claim in this domain is particularly prickly and complicated.

Be Prepared to Overcome the Challenges of Filing a Claim Against a NJ Public Entity

After an incident concerning the government, when seeking compensation, you must thoroughly prepare; however, you should promptly introduce the claim to the entity in question. Per the TCA §59:8-8, you must inform the government within 90 days of what occurred. It gives them adequate time to review, organize, evaluate, and position themselves for the case, and more critically, it officially announces the matter and that compensation is being sought. Missing this deadline may adversely and even detrimentally affect your case.

Now, when it comes to asking for compensation to cover the pain and suffering you went through, things get thorny. The TCA has some rules about when you can do this and under what circumstances, depending on the details of the incident. However, if you want to be compensated for what you’ve been through, this is where and when an attorney plays an instrumental role.

The NJ Government Liability Attorneys at Chamlin, Uliano & Walsh can Help You Navigate through the Process of Filing an Injury Claim in a Public Facility in New Jersey

If you’re faced with the possibility of filing a claim against a government entity or are trying to determine if you have valid grounds to proceed with a suit, a highly skilled attorney at Chamlin, Uliano & Walsh, well-versed in the law, is indispensable. With our expansive knowledge base, you can feel confident navigating the complex legal system and achieving the most favorable outcome for your unique case. Our lawyers will help you understand and apply the rules in the TCA and make sure you do everything at the right time. We are like your partners, ensuring your rights are protected and helping you through the process.

From collecting evidence to talking to the government and even representing you in court if needed, having our law firm on your side makes a big difference in securing the entire process and the best possible outcome. Contact an experienced New Jersey Government Liability Attorney for a free and confidential consultation. We assist clients across the Monmouth and Ocean region, such as Red Bank, Long Branch, Sea Bright, Freehold, Middletown, Holmdel, and neighboring areas. Contact our firm at (732) 440-3950 to speak with an attorney who can assist you.