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Tort Claims Litigation

Successful New Jersey Tort Claims Litigation by Veteran Attorneys

Filing lawsuits against boards of education and municipalities

Gelman Gelman Wiskow & McCarthy LLC was founded in 1950 to help injured individuals throughout New Jersey. Our team demands accountability from all wrongdoers — including individuals, corporations and government agencies. We pursue compensation from federal and New Jersey entities, municipalities and school boards from our offices in Elmwood Park, Bridgewater, Hackensack, Morristown, and Roseland.

The New Jersey Tort Claims Act

The New Jersey statutes contained in Title 59 govern claims filed against public entities. Public entities and employees generally enjoy certain immunities from lawsuits if they are acting in the scope of their employment when an injury occurs. However, the government agency may be held liable for a negligent act or omission of its employee to the same extent as would apply to a private person in a similar position.

Special procedures for filing a claim against the government

Before filing a claim against a government agency, you must file a notice of your intention to sue. You have 90 days from the date of the accident to file this notice against a public county, state or municipal agency — or within 90 days of your 18th birthday if you were a minor when the incident occurred. Because of this short window of opportunity, you should contact our personal injury lawyers immediately to initiate your claim.

Understanding tort law

A tort is a civil wrong that results in injury — including intentional or negligent actions. Negligence torts involve careless actions that result in harm. To prevail in a negligence claim, you must prove that:

  • You were owed a duty of care — such as by the school board or municipal department
  • The defendant breached that duty
  • The defendant’s actions caused your injuries
  • You suffered damages as a result of the breach
  • The defendant’s actions were the proximate cause of your injuries

Intentional torts are purposeful conduct — for example, fraud or intentional infliction of emotional distress. The attorneys of Gelman Gelman Wiskow & McCarthy LLC have successfully settled and litigated hundreds of intentional torts for injury victims, including cases involving products liability and trespassing.

Cause of action against federal, state or local government agencies

United States, New Jersey and local government agencies are tasked with certain obligations. You have a cause of action if they fail to abide by their duties and you were injured as a result. Gelman Gelman Wiskow & McCarthy LLC files lawsuits against governments for a variety of torts, such as:

  • NJ TRANSIT claims for public bus or train accidents
  • NJ Department of Children and Families for negligent oversight of minor children
  • The local school board for claims involving school bus crashes or assaults on campus
  • County or municipal police department for unconstitutional actions that result in injuries
  • Municipal medical clinic for failure to diagnose an illness

Consult our personal injury attorneys about filing a lawsuit against a government agency

Tort claims against municipalities require innovative strategies by dedicated attorneys. For more information about suing a state or municipal agency, call Gelman Gelman Wiskow & McCarthy LLC at 973 676-1555 or contact us online to schedule your one-hour free initial consultation. For your convenience, we have offices in East Orange Office, Elmwood Park Office, Pompton Plains, and Avon by the Sea, with Spanish-speaking translators available by request.

$800,000.00 settlement in less than nine (9) months!
In September of 2025, Phil Wiskow settled a legal malpractice case, resulting from a botched personal injury case, for $800,000.00. Most significantly, Mr. Wiskow settled the case less than nine (9) months after the client hired him. Since the client settled his botched case for over $200,000.00, the full amount of the client's recovery exceeded one million dollars.
Settled his 60 year old client’s motorcycle accident case for $1,700,000.00
In the Spring of 2017, Phil Wiskow settled his 60 year old client’s motorcycle accident case for $1,700,000.00. Frankly, the case would have settled for more money but the most culpable party only had a $300,000.00 liability insurance policy. The firm’s client, who was already disabled and receiving social security benefits at the time of his accident, sustained multiple lower leg fractures–which ultimately resulted in numerous surgeries and an above the knee amputation–when a delivery van blindly backed out of a loading dock and pinned his leg against his bike. The majority of the client’s settlement money was paid by the owner of a tractor-trailer and the lessee of the loading dock whose dangerous loading and unloading procedures blocked the van driver’s view of the motorcycle and the firm’s client’s view of the van.
VERDICTS & SETTLEMENTS
  • In the Spring of 2020, Phil Wiskow settled a motor vehicle/motorcycle accident case for the Defendant’s 1.3M policy limit. The terms of the settlement are confidential.
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  • East Orange Office
    60 Evergreen Place
    Suite 502
    East Orange, New Jersey 07018
    Phone: 973 676-1555
    Fax: 973-675-5674
  • Elmwood Park Office
    One Broadway
    Suite 102
    Elmwood Park, New Jersey 07407
    Phone: 973 676-1555
    Fax: 973-675-5674
  • Pompton Plains
    142 Route 23 North
    Pompton Plain, New Jersey 07444
    Phone: 973 676-1555
    Fax: 973-675-5674
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    416 Garfield Avenue
    Avon by the Sea, New Jersey 07717
    Phone: 973-713-4667
    Fax: 973-713-1565