With respect to tort claims, typically, if you are involved in an accident and suffer an injury, you can sue the other party. However, if the other party is the State of New Jersey, or a county or municipality, then you might have a problem because of something knows as “sovereign immunity”. Also known as governmental immunity, it insulates the government and its employees from suit, unless some special conditions are met. These exceptions and procedures are set forth in the New Jersey Tort Claims Act, commonly known as Title 59.
If the public employee was action within the scope of their employment and acting in good faith, chances are they are immune from suit. You really need to be able to demonstrate that they were action outside the scope of their employment or what they did constituted a crime or willful misconduct.
There are some other considerations not the least of which is that you only have 90 days to File a Notice of Tort Claim otherwise you will be out of luck-(absent some exceptions allowing up to one year). In addition, your medical bills must exceed $3,600.
If you or a family member has been injured by a governmental employee or entity, please contact me, Frank Montero, to discuss your case. As always, the consultation is free and there is no fee if there is no recovery.
