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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, Dover, Mendham and Newton.

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 973-366-3900 or contact us online to schedule your one-hour free initial consultation. Our offices are located in Elmwood Park, Dover, Mendham and Newton, NJ. We offer a Spanish translator upon request.

VERDICTS & SETTLEMENTS
  • In 2018, we settled or won, at arbitration/mediation/trial, just over 100 personal injury cases. In total, our clients recovered just under 9 million dollars. In the last 5 years, we have settled/won over 600 personal injury cases and our clients have recovered almost 50 million dollars.
  • In the last 5 years, our firm has resolved over 300 workers compensation cases for in excess of 3 million dollars. During that same time period, our social security clients have prevailed in almost 85% of their appeals.
  • Results may vary depeding on your particular facts and legal circumstances.
Our Offices
  • Dover Office
    77 Union Street, Suite 2A
    Corner of Rt. 46 and Union Street
    Dover, New Jersey 07801
    Phone: 973-366-3900
    Fax: 973-813-3360
  • Newton Office
    93 Spring Street
    Suite 406
    Newton, New Jersey 07860
    Phone: 973-512-2207
    Fax: 973-813-3360
  • Elmwood Park Office
    One Broadway
    Suite 302
    Elmwood Park, New Jersey 07470
    Phone: 201-794-3131
    Fax: 201-794-0812
  • Mendham Office
    5 Cold Hill Road South
    Suite 26
    Mendham, New Jersey 07945
    Phone: 862-263-0770
    Fax: 973-813-3360