My son was shot and killed on the streets of jersey city, nj. The killer was not found. Can I sue the state or city for worngful or accidental death
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My son was shot and killed on the streets of jersey city, nj. The killer was not found. Can I sue the state or city for worngful or accidental death
Asked on June 22, 2009 under Accident Law, New Jersey
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You can sue, but it will be thrown out of court, unless there is a lot more to the story. There's nothing you've said that connects either the city or the state to the shooting, other than it happened on the street and the killer wasn't caught.
Your wrongful death action would be subject to the New Jersey Tort Claims Act. Before you could sue, you would have to file a notice of claim, within 90 days, and then give the State and/or the city six months to investigate and try to resolve the claim. The statute also gives the government immunity from claims that are only based on a lack of police protection, among other things.
The Tort Claims Act doesn't apply to suits in federal court for civil rights violations, but I simply don't see anything like that here.
If there are other facts, that you think tie the city or the state more closely to this crime, you should discuss them with a New Jersey attorney near you. Place that you can find qualied counsel include the bar association's Lawyer Referral Service (which should be listed in your telephone book) and our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.