Anyone who has ever been involved in a personal injury lawsuit has probably heard of the legal phrase, “statute of limitations”. For those unfamiliar, a statute of limitations, generally, is a statutory deadline by which a plaintiff must bring their claim before the Court – in other words, by filing suit – otherwise their claim may be forever barred. The statutes of limitation vary depending on the specific cause of action (for example, negligence, breach of contract, fraud, etc.), and may also vary from State to State.
Although most people may not know exactly what the statute of limitations in their matter is, most people considering litigation do at least realize that there is an ultimate final deadline somewhere on the horizon. What most people do not realize, however, is that, at least in cases against public actors or public entities, there may be a much more pressing deadline right up front that must first be satisfied. This deadline is the Tort Claims Act Notice Period.
Put simply, the Tort Claims Act is a carryover from Ye Olde England. In the Middle Ages, the prevailing legal theory was, “You cannot sue the King” as the King (or Queen) enjoys absolute sovereign immunity. Well, today, in the United States, you absolutely can sue the “king” – in other words, you can sue the government, be it at the Federal, State, or local level. How you go about doing that varies to some degree from State to State, and the procedure for doing so, generally, is outlined in a State law, usually called a Tort Claims Act.
Not every State has a Tort Claims Act, however, most do, and they are significant because in a case against a public actor or public entity – police department, jails, or public schools, to name a few examples – the Tort Claims Act usually provides for a period of time in which the to-be plaintiff must first provide notice to the intended defendant(s) of their intent to eventually file a lawsuit. This is significant because if the Tort Claims Act Notice is not provided within the statutory timeframe, a plaintiff runs the risk of having their claim be barred by the Court.
This is a scary proposition, especially because the Tort Claims Act Notice Period varies widely from State to State. For example, New Jersey has a very short notice period of only 90 days from the date on which the claim accrues. Compare this to the one-year notice period arising under the Federal Tort Claims Act which applies in a case against a federal public actor or entity (for example, in a slip & fall matter against a post office, or a wrongful death in a federal prison).
Uniquely, Alabama does not have a Tort Claims Act at the State-level. This is because the State of Alabama enjoys very strong State sovereign immunity. As a result, most municipalities in Alabama have their own Tort Claims Act for such matters.
The primary takeaway? If you are have recently been injured by a public actor or public entity and are considering litigation, contact a knowledgeable personal injury attorney immediately! Even if the statute of limitations may be years away given how recent you injury was, if you were harmed by a public actor or public entity, very likely there is a Tort Claims Act Notice requirement which is much more urgent.
If you or a loved one have been injured by a public actor or public entity, call the Lento Law Group today. Our team of knowledgeable and compassionate attorneys and support staff can help guide you while you work to pick up the pieces after a traumatic accident. Call Lento Law Group today at (856) 652-2000. We will fight to get you the recovery you deserve.