The Arizona Tort Claim form is a legal document used to file a claim for damages against a state agency or county board of education due to alleged negligence. This form requires claimants to provide specific information, including their name, the agency involved, and details about the incident that caused the damages. Proper completion and submission of this form are essential for pursuing a tort claim in Arizona.
Do's
Don'ts
Filing a Tort Claim in Arizona requires attention to detail and adherence to specific guidelines. Here are key takeaways to consider:
Following these guidelines can streamline the process and improve the chances of a successful claim. Always keep copies of your submissions for your records.
The Arizona Tort Claim form is a legal document used to file a claim for damages against a state agency or county board due to the negligent conduct of its employees. This form allows individuals to formally present their claims, detailing the circumstances of the injury or damage they have suffered.
Any individual who believes they have suffered damages as a result of the negligent actions of a state employee or agency can file a Tort Claim. This includes individuals who have experienced personal injuries, property damage, or other losses due to the actions of state employees while performing their duties.
To successfully complete the Tort Claim form, you must provide the following information:
To file the Tort Claim form, you must submit two complete copies to the Industrial Commission. You can do this by mail or in person at the designated office. If you are represented by an attorney, they will file the claim on your behalf through the appropriate electronic channels.
Yes, a filing fee is required when submitting a Tort Claim. This fee must be equivalent to the fee for filing a civil action in the Superior Court. However, if you cannot afford the fee, you may submit a Petition to Sue as an Indigent, which will allow your claim to be filed without the upfront cost.
Once your Tort Claim is submitted, the Industrial Commission will review it. They will evaluate the details provided and determine whether your claim is valid. If your claim is accepted, you may be contacted for further information or to discuss potential resolutions.
Yes, you can amend your Tort Claim if you need to provide additional information or correct any errors. It is important to ensure that all details are accurate and complete to avoid delays in the processing of your claim.
When filing a claim using the Arizona Tort Claim form, several other documents may be necessary to support your case. Each of these documents plays a crucial role in the claims process, ensuring that all relevant information is presented clearly and effectively.
Gathering these documents can enhance the clarity and strength of your claim. Each piece contributes to a comprehensive presentation of your case, ensuring that all necessary information is available for review.
Arizona Lsu - Clear identification of the property aids in aligning expectations between buyer and seller.
Where Can I Pick Up Tax Forms Near Me - Each completed form contributes to Arizona’s economic tracking and forecasting efforts.
STATE OF NORTH CAROLINA COUNTY OF
AFFIDAVIT
, being duly sworn, deposes and says:
(Print Name of Claimant)
1.
My name is
2.
I live at
_________and my mailing address is ____________
________________________________________________________ (See requirements on p. 2 regarding change of mailing address)
3.
I hereby file a claim against
(State Agency or County Board of Education)
and its mailing address is
4.
I have been damaged in the amount of $
by reason of the negligent conduct of the employee/agent
named here
.
(Name(s) of negligent employee/agent)
5.
The injury or accident giving rise to this claim occurred at
(Print Name of County and Exact Location Where Accident Occurred)
on
M.
(Month) (Day)
(Year)
(Time)
6.
The injury or property damage occurred in the following manner:
(Give BRIEF Statement of What Happened, Witness Names, etc.)
7. The damages claimed above consist of
(Itemize Repair Bill, Medical Bills, etc.)
*NOTARIZATION IS MANDATORY
______________
(Signature of Claimant)
(Email address)
(Date)
Subscribed and sworn to before me this
day of
My Commission Expires
Signature and Seal of Clerk of Court or Notary Public
FILE TWO COMPLETE COPIES WITH THE INDUSTRIAL COMMISSION AND SEE FILING FEE REQUIREMENTS ON P. 3
ATTORNEYS: FILE WITH AN IC FILE NUMBER VIA EDFP
HTTP://WWW.IC.NC.GOV/DOCFILING.HTML OR
IF NO IC FILE NUMBER, FOLLOW PLAINTIFF FILING OPTIONS.
PLAINTIFFS: MAIL TO: INDUSTRIAL COMMISSION CLERK’S OFFICE
1236 MAIL SERVICE CENTER
RALEIGH, NC 27699-1236
VIA HAND DELIVERY: BUSINESS DAYS FROM 8 AM - 5 PM
DOBBS BUILDING
430 NORTH SALISBURY STREET
RALEIGH, NC 27603
FORM NCIC-T-1
03/2021
FORM T-1
PAGE 1 OF 3
CLAIM FOR DAMAGES UNDER TORT CLAIMS ACT
INSTRUCTIONS
The North Carolina Tort Claims Act requires that every affidavit submitted must show ALL of the following:
1.The name of the claimant.
2.The name of the state department, institution or agency against which the claim is filed.
3.The name of the state employee upon whose alleged negligence the claim is based.
4.The amount of damages sought to be recovered.
5.The time and place where the injury occurred.
6.A brief statement of the facts and circumstances surrounding the injury.
7.If the claim involves a school bus, the claim should be filed against the particular COUNTY Board of Education concerned and NOT against the State Board of Education.
8.A claim for property damage to a motor vehicle must be in the NAME OF THE REGISTERED OWNER OF THE
VEHICLE ONLY.
INDUSTRIAL COMMISSION REQUIREMENTS REGARDING CONTACT INFORMATION (INCLUDING CHANGE OF MAILING ADDRESS) ARE SET OUT IN THE RULE APPEARING BELOW:
11 NCAC 23B .0105 CONTACT INFORMATION
(a)"Contact information" for purposes of this Rule shall include telephone number, facsimile number, email address, and mailing address.
(b)All persons or entities without legal representation who have matters pending before the Commission shall inform the Commission of any change in contact information by filing a written notice via the Commission's Electronic Document Filing Portal ("EDFP"), email to contactinfo@ic.nc.gov, facsimile to (919) 715-0282, U.S. mail sent to Office of the Clerk, 1236 Mail Service Center, Raleigh North Carolina 27699-1236, private courier service in accordance with Rule .0101 of this Section, or hand delivery in accordance with Rule .0101 of this Section.
(c)A plaintiff without legal representation who was an inmate in the North Carolina Division of Adult Corrections at the
time of filing his or her tort claim, shall, within 30 days of release, provide the Commission with written notice of his or her post-release contact information in any manner authorized in Paragraph (b) of this Rule. Following the initial written notice of post-release contact information, the previously incarcerated plaintiff shall continue to inform the Commission of all changes in contact information in accordance with Paragraph (b) of this Rule.
(d)All attorneys of record with matters before the Commission shall provide and maintain current contact information for the Commission's records via EDFP.
(e)Instructions on how to provide and update contact information via EDFP are available at https://www.ic.nc.gov/docfiling.html.
PAGE 2 OF 3
INDUSTRIAL COMMISSION REQUIREMENTS REGARDING FILING FEES ARE SET OUT IN THE RULE APPEARING BELOW:
11 NCAC 23B .0103 FILING FEES
(a)No tort claim shall be accepted for filing with the Commission unless the claim is accompanied by an attorney's check, certified check, money order, or electronic transfer of funds in payment of a filing fee in an amount equal to the filing fee required for the filing of a civil action in the Superior Court division of the General Court of Justice.
(b)The provisions of Paragraph (a) of this Rule notwithstanding, a tort claim that is accompanied by a Petition to Sue as an Indigent shall be accepted for filing upon the date of its receipt.
(c)A Petition to Sue as an Indigent shall consist of an affidavit sufficient to satisfy the provisions of G.S. 1-110, stating that plaintiff is unable to comply with Paragraph (a) of this Rule.
(d)If the Commission determines the plaintiff is able to pay the fee assessed under this Rule, an Order shall be issued directing payment of that fee, and the plaintiff shall, within 30 days from receipt of the Order, forward to the Commission an attorney's check, certified check, money order, or electronic transfer of funds for the full amount required to be paid. Failure to submit the required amount of the filing fee within this time shall result in the tort claim being dismissed without prejudice.
(e)Upon consideration of a prison inmate's Petition to Sue as an Indigent, the Commission shall determine whether the inmate's tort claim is frivolous and whether to dismiss the claim, pursuant to G.S. 1-110. Appeals from the dismissal of a frivolous tort claim pursuant to G.S. 1-110 shall proceed directly to the Full Commission and shall be decided without oral argument.
PAGE 3 OF 3
Filling out the Arizona Tort Claim form is a crucial step in seeking compensation for damages incurred due to negligence. After completing the form, it will need to be submitted along with any required fees to the appropriate agency. Below are the steps to guide you through the process of filling out the form accurately.
After completing these steps, ensure that you keep copies of everything for your records. Following submission, you may need to wait for a response or further instructions regarding your claim. Be prepared to provide any additional information if requested.
Filing the Arizona Tort Claim form can be a straightforward process, yet many individuals encounter common pitfalls that can hinder their claims. One significant mistake is failing to provide complete and accurate personal information. Claimants often overlook essential details, such as their full name, current address, and email. This information is crucial for the processing of the claim and any potential follow-up communication. Incomplete or incorrect contact details can lead to delays or even rejection of the claim.
Another frequent error involves improperly identifying the state agency or employee responsible for the alleged negligence. Claimants may mistakenly name the wrong agency or fail to include the specific employee's name. This oversight can complicate the claims process, as the Tort Claims Act requires precise identification of the parties involved. It is vital to ensure that the correct agency is named to avoid unnecessary complications.
Many individuals also struggle with articulating the circumstances surrounding their injury. A common mistake is providing vague or overly detailed descriptions. The form requests a brief statement of what occurred, and claimants should strive for clarity and conciseness. Including unnecessary details can obscure the main points and confuse those reviewing the claim.
Claimants often miscalculate the amount of damages they are seeking. Some may inflate their claims or fail to provide sufficient documentation to support their requested amount. It is essential to itemize all damages accurately, including repair bills and medical expenses, to substantiate the claim. Without clear evidence of the financial impact, the claim may be dismissed or reduced.
Another common oversight is neglecting to notarize the affidavit. Notarization is mandatory for the claim to be valid. Individuals sometimes forget this step, leading to delays in processing their claims. Ensuring that the affidavit is properly notarized before submission can save time and prevent unnecessary complications.
Finally, individuals may overlook the requirement for filing fees. Claims must be accompanied by the appropriate payment, whether through a certified check, money order, or electronic transfer. Failing to include the filing fee can result in the claim being dismissed outright. It is crucial to double-check that all necessary fees are included with the submission.