Can I sue a Public Entity like a Municipality or a County or even the State?
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The answer is in the New Jersey Tort Claims Act:
A public entity, as a matter of public policy, is recognized by the New Jersey State legislature as being immune from suit for negligence except where the entity is liable for injury caused by an act or omission of a public employee within the scope of his or her employment.
A party seeking to sue a public employee or public employer must carefully comply with the notice requirements of the statute which must be filed within 90 days after the incident in question took place otherwise the party is barred from filing a claim.
It is exceedingly difficult to
sue a public entity
for any kind of damages such as pain and suffering, and in fact
claims are disallowed completely.
Thus, the skills of the civil litigator who can ably navigate through the legal process and system and who engages in pretrial discovery, motion practice and other preparatory work, often determine whether a client can obtain a favorable settlement.