Legal Question in Personal Injury in New Jersey
Notice of Claim filing. What if a person was not provided the information necessary to know if there was or was not a claim against a public entity with the 90 day period? I am a mother of a son that was killed by a NJ Transit Train on July 28th. I have not beem provided my son's investigation file and have been promised it by Friday 1/6. I have been sending letters to the Prosecutor, the NJ Transit and the Coroner for the investigation and coroner's report. I think they have been dragging their feet on purpose. And something that my girlfriend's husband who is an undercover police investigator for the NJ Police said sparked that something may just not be right about what was I was told as opposed to what might have happened. And even considering that I went to the scene and had to retrieve his cell and his shoes. If a full investigation is completed I know it might just be from me watching crime shows, but don't they usually retrieve and give the belongs back to the immediate family. Can anyone help me with that legal question if I still have a right to file a Notice of Claim.
3 Answers from Attorneys
I would advise to put all proposed parties who may end up being defendants on notice, just to protect yourself from any defenses that may arise. I can provide you with a free consultation. Feel free to contact me.
Thank you for your inquiry; and may I please extend condolences on your family's loss. You may be able to file a late Notice of Claim, and a formal application (motion) through the Courts would need to be made to accomplish that. If you do not have legal counsel, please feel free to call me or any of my partners to discuss both your potential claim, and the late Notice of Claim issue. We have handled numerous train accident cases, and will assist you in whatever way we can.
You need to file a claim on your own, today. You probably can get a notice of claim from New Jersey Transit by calling and asking that one be emailed or faxed to you or go on Google and type in "New Jersey Tort Claim Notice." and click on Notice of Claim Instructions which is at the top of the page. You can just fill in the form and then mail it in by certified mail to New Jersey Transit Corporation, One Penn Plaza E., Newark 07105-2246, with a copy to Attorney General Of New Jersey, Hushes Justice Complex, 25 w. Market Street, P.O. Box 080, Trenton, New Jersey 08625, also by certified mail.
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