Understanding the New Jersey Tort Claims Act Requirements: A Guide for Municipalities

Navigating the complexities of the New Jersey Tort Claims Act (“NJTCA”) is a critical responsibility for municipalities. As always, it’s essential for local governments to stay updated on the latest requirements and procedures. This blog post provides an overview of the NJTCA and a step-by-step guide for municipalities on how to handle Tort Claims Act notices effectively.

What is the New Jersey Tort Claims Act?

The New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.) establishes the procedures and limitations for filing claims against public entities and public employees in New Jersey. The Act ensures that municipalities are given notice of potential claims, providing them the opportunity to investigate and resolve issues before they escalate to litigation.

Key Provisions of the NJTCA

Notice of Claim: Claimants must file a Notice of Claim with the public entity within 90 days of the incident. This notice must include details about the claim, including the circumstances of the incident, the nature and extent of the injury, and the amount of damages sought.

Statute of Limitations: After filing the Notice of Claim, the claimant must wait six months before filing a lawsuit, allowing the public entity time to investigate and potentially settle the claim.

Immunities and Defenses: The NJTCA provides various immunities and defenses for public entities, protecting them from certain types of claims and limiting their liability.

Steps for Municipalities When Receiving a Tort Claims Act Notice

When a municipality receives a Tort Claims Act notice, it’s essential to follow a structured process to ensure compliance and proper handling. Here’s a step-by-step guide:

Acknowledge Receipt: Upon receiving a Tort Claims Act notice, promptly acknowledge receipt. This ensures there is a formal record of the claim.

Initial Review: Conduct an initial review of the notice to verify that all required information and documents are included. Ensure the notice is complete and that it falls within the jurisdiction of the municipality.

Investigation: Begin a thorough investigation of the claim. This involves gathering additional evidence, interviewing witnesses, and consulting with relevant departments or experts.

Compliance Check: Ensure the claim complies with the NJTCA requirements, including the 90-day filing deadline and the specifics of the incident. Confirm that the notice adheres to all procedural requirements.

Engage Legal Counsel: Consult with the municipality’s legal counsel to assess the claim’s validity and potential defenses. Legal advice is crucial in determining the appropriate response.

Update Records: Update the municipality’s records and case management system to include details of the claim. Proper documentation is essential for tracking and managing the claim process.

Communication: Maintain open communication with the claimant. Inform them of the investigation’s progress and any additional information or documentation required.

Resolution or Defense: Based on the investigation’s findings, decide on the appropriate course of action. This may involve settling the claim or preparing a defense if the claim proceeds to litigation.

Best Practices for Managing Tort Claims Act Notices

To effectively manage Tort Claims Act notices, municipalities should adopt the following best practices:

Regular Training: Provide ongoing training for staff involved in the claims process. Ensure they are familiar with the NJTCA requirements.

Internal Policies: Develop and implement internal policies and procedures for handling Tort Claims Act notices. Clear guidelines help streamline the process and ensure consistency.

Technology Utilization: Leverage technology and software solutions to manage claims efficiently. Use case management systems for seamless tracking and documentation.

Proactive Risk Management: Engage in proactive risk management practices to minimize potential claims. Regularly inspect and maintain public properties and infrastructure to prevent incidents.

Conclusion

By understanding these requirements and following a structured approach to handling Tort Claims Act notices, municipalities can enhance their claims management practices, ensure regulatory compliance, and better serve their communities. Regular training, diligent verification, and effective communication are key to successful claims management in this new digital era.

By staying informed and proactive, New Jersey municipalities can navigate the evolving landscape of Tort Claims Act requirements and continue to manage claims effectively for the benefit of their residents.

About the Author

Sandra Graise is the founder and host of “Legally Brewed” and a dedicated attorney with experience in litigation, personal injury, municipal law, and educational legal services. A member of esteemed legal associations, Sandra’s journey began at Rutgers University, New Brunswick, where she earned dual undergraduate degrees before excelling at Drexel University, Thomas R. Kline School of Law. When not practicing law, Sandra enjoys spending quality time with her husband, their three dogs, and a close circle of friends.