Ancient Law Limits Right to Sue NJ Transit. Unless You Act within 90 Days

The New Jersey Tort Claims Act states that, as a general rule, a public entity is not liable for an injury, caused by the public entity or any of its employees.  This general rule dates back to an English law from over a hundred years ago. The New Jersey Legislature modified the law to allow state entities like NJ Transit to be held liable for negligence but you must comply with strict requirements before you can sue NJ Transit.  If you fail to comply with those requirements NJ Transit will move to dismiss your claim.

The New Jersey Tort Claim Act, Title 59 as attorneys refer to it, is also known as the rule of “sovereign immunity”.  Sovereign immunity dates back hundreds of years ago to England, the law was carried over into Federal and State laws in United States of America.  In England, it prevented persons from suing the King.

Even if someone was harmed by a decision or negligence of the King, the King could not be sued.  In New Jersey, the legislature adopted the immunity rule to limit the state’s liability, but they have carved out exceptions through which an injured person can sue the state, or a state entity like NJ Transit, but you must comply with a strictly-enforced procedure set forth in the statute.  One of the requirements which is strictly enforced by Judges is that you must give notice of your claim (injuries) within 90 days of the accident.  There are some exceptions to the 90 day rule which are very fact specific but it is extremely important to file a Tort Claim Notice within the 90 days and in a manner that documents delivery of the notification to avoid dismissal of the claim.

Anyone injured in an accident involving NJ Transit must notify NJ Transit of their accident and injuries by completing a Tort Claim notice within 90 days.  The fact that NJ Transit is aware of the accident is not enough.  The person injured by negligence of NJ Transit or its employee(s) must file an individual Tort Claim Notice to protect their right to bring an action in court to recover damages.  Once the Tort Claim Notice is filed, the injured person has 2 years from the date of the accident to file a law suit against NJ Transit to recover damages.  Even if you are not sure your injuries are permanent, you should file a Tort Claim Notice with NJ Transit to protect your right to file a law suit if your injury worsens after the 90 day period.  Filing a Tort Claim Notice does not obligate you to sue the State or NJ Transit, it simply protects your right to bring an action against in the future if that’s necessary.

If you have any questions, please call 1-800-311-3020 for a free consultation with an attorney if you or family member was injured in an accident involving the State of New Jersey including NJ Transit.