Unfortunately, a slip and fall accident can occur at just about any property in the state of New Jersey. Whether it be a sidewalk, a stairwell, a parking lot, or otherwise. And if you wish to file for legal action, you may also have to file a Notice of Claim. Read on to discover when you must file a Notice of Claim and how one of the seasoned Bergen County slip & fall accident attorneys at McNerney & McAuliffe can guide you in the right direction.
Under what circumstances should I file a Notice of Claim in the state of New Jersey?
Put simply, you must file a Notice of Claim before bringing forward your premises liability claim if your slip and fall accident occurred on state- or city-owned property. This notice essentially gives the state or city entity a “heads up” that you intend to sue them.
When determining whether you need to give this notice, consider the following:
- Was the state- or city-owned property in a dangerous condition?
- Was the dangerous condition of the state- or city-owned property have a reasonable, foreseeable risk of injury?
- Did a state or city entity give notice of the dangerous condition?
- Did a state or city employee create the dangerous condition by acting negligently?
- Did the dangerous condition of the state- or city-owned property directly cause your injuries and damages?
If the answer is “yes” to the above questions, then you may proceed forward with your Notice of Claim.
By when should I file this claim?
You must be mindful of the tight turnaround for filing a Notice of Claim. In the state of New Jersey, you will have 90 days from the date of your slip and fall accident to do so.
Importantly, this does not replace the dealing for bringing forward your premises liability claim. This statute of limitations will be generally two years from the date of your slip and fall accident.
And if you fail to file either your Notice of Claim or premises liability claim on time, you will indefinitely relinquish your right to sue. This means that you will miss out on the financial compensation that you require to heal, along with holding the state or city entity liable for their negligent actions.
With that being said, it is recommended that you start this legal process sooner rather than later. This is because, by delaying, you allow the defense to argue that your injuries and damages are exaggerated, as you did not give them immediate attention.
All in all, you have suffered enough, so you should not have to go through this process alone any further. Instead, you must acquire the support of one of the skilled Bergen County personal injury attorneys. We look forward to helping you.
