Legal Question in Personal Injury in New Jersey

I had a slip and fall accident causing a fracture to my elbow on school property because of poor lighting while attending "Back to School" night... can I sue? Under the NJ Tort Claims Act can I only recover damages if I am PERMANENTLY disabled?


Asked on 10/01/09, 11:37 am

2 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

The injury does not need ot permanantly disable, but it does have to be permanent impairment which affects your activities. The Tort Claims Act is designed to reduce Minor" claims, or those that are capable of recuperation. There are other requirements as well to recovery. Please feel free to call to discuss you case and whether the case has merit.

Note, the TCA requires notice of claim within 90 days or you will forfiet your rights to a claim absent exceptional circumstances. If the indicent was recent, I strongly suggest you contact an attorney immediately.

Read more
Answered on 10/06/09, 11:53 am
Robert Davies The Davies Law Firm, P.A.

The other attorney is right, you MUST give a properly written Notice which complies with the NJ Tort Claims Act within 90 days of the injury or you permanently lose your right to sue.

This will take some advice from an attorney. You should get to the attorney's office immediately.

Give me a call if you would like to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 10/06/09, 12:36 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New Jersey