If you were injured in the Hoboken NJ Transit crash on train #1614, you now have 89 days to file a claim or be forever barred from any recovery. Here is the way to do it.
NJ Transit is a public entity as defined in N.J.S.A. 59:1-3. Title 59, known as the New Jersey Tort Claims Act, is the controlling authority for how to proceed in an action for personal injury against a public entity. If you were injured on public property or by a public entity or public employee, i.e. on Train #1614, you MUST file a Notice of Tort Claim against that entity.
A Notice of Tort Claim is just a form that you or your representative fill out. Available here for download is the form distributed by the State of New Jersey for personal injuries.
The Notice of Tort Claim form must be filled out and served (by certified mail or hand delivery) to the public entity by the 90th day after the accident occurred pursuant to N.J.S.A. 59:8-8. In other words, your Notice of Tort Claim form must be filed by Wednesday, Dec. 28, 2016. Failing to do this is an absolute bar to any recovery, no matter how severe, no matter your excuse. There is an extension of time for someone who was under the age of 18, but there is really no reason to wait.
The theory behind the notice of claim requirement is to give NJ Transit knowledge of your injury and ostensibly time to investigate. For example, after filing the notice of claim, you have to wait six months before you are allowed to file a lawsuit against NJ Transit.
Even if you think your injuries or property damage are not worth pursuing, or if you are just unsure, you really should file a claim, so you have time without the clock ticking to focus on getting better. You don’t want to be in a position of having to ask a judge to forgive your late filing after Dec. 28, 2016.
Send a copy of the form, with proof of mailing and requiring proof of receipt, to:
Tort and Contract Unit, Department of the Treasury, Bureau of Risk Management, P.O. Box 620, Trenton, NJ 08625
Click below for free access to the state form.