Get Arizona Tort Claim Form

Get Arizona Tort Claim Form

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 personal details, the nature of the claim, and the circumstances surrounding the incident. To proceed with your claim, please fill out the form by clicking the button below.

Structure

The Arizona Tort Claim form is an essential document for individuals seeking to file a claim for damages against a state agency or a county board of education due to negligence. This form requires specific information to ensure that the claim is processed efficiently and correctly. First, the claimant must provide their name and address, along with the mailing address for the agency against which they are filing the claim. The form also asks for details about the alleged negligent employee or agent, along with the amount of damages sought. Additionally, it’s crucial to include the date, time, and exact location of the incident that led to the claim. A brief statement outlining the circumstances surrounding the injury or property damage is also necessary, as well as an itemized list of the damages being claimed. Notably, the form must be notarized, and two complete copies must be filed with the appropriate commission. Understanding these requirements is vital for anyone looking to navigate the claims process effectively.

Arizona Tort Claim Preview

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 CLERKS 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.

FORM NCIC-T-1

 

 

03/2021

FORM T-1

 

PAGE 2 OF 3

CLAIM FOR DAMAGES UNDER TORT CLAIMS ACT

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.

FORM NCIC-T-1

 

 

03/2021

FORM T-1

 

PAGE 3 OF 3

CLAIM FOR DAMAGES UNDER TORT CLAIMS ACT

Document Data

Fact Name Details
Governing Law The Arizona Tort Claims Act governs the filing of tort claims against the state.
Claimant Information Claimants must provide their full name and address on the form.
Agency Identification The claim must specify the state agency or entity against which the claim is filed.
Negligent Employee Details about the employee or agent whose negligence led to the claim must be included.
Damages Claimed The claimant must state the amount of damages being sought.
Incident Details Information regarding when and where the incident occurred is essential.
Statement of Facts A brief description of the circumstances surrounding the injury must be provided.
Filing Copies Two complete copies of the form must be submitted to the appropriate agency.
Notarization Requirement The form must be notarized to be considered valid.
Filing Fees A filing fee, equivalent to that required for civil actions, must accompany the claim.

How to Use Arizona Tort Claim

Filling out the Arizona Tort Claim form requires careful attention to detail. Each section must be completed accurately to ensure your claim is processed efficiently. After submitting the form, it will be reviewed by the appropriate agency, and you will receive further instructions regarding the next steps in the claims process.

  1. Print your name: In the first section, clearly write your full name.
  2. Provide your address: Fill in your residential address and mailing address, if different.
  3. Identify the agency: State the name of the state agency or county board of education against which you are filing the claim, along with its mailing address.
  4. State the amount of damages: Specify the amount of damages you are claiming due to the negligent conduct.
  5. Name the employee/agent: Write the name(s) of the employee or agent whose negligence led to your claim.
  6. Detail the incident: Describe the location and date of the injury or accident, including the exact time it occurred.
  7. Explain the circumstances: Provide a brief statement outlining what happened, including any witness names if applicable.
  8. Itemize damages: List all damages, such as repair bills or medical expenses, that you are claiming.
  9. Sign the affidavit: Ensure you sign the form, provide your email address, and date it.
  10. Notarization: Have the affidavit notarized by a notary public or clerk of court.
  11. Make copies: Prepare two complete copies of the signed and notarized form for filing.
  12. Submit the form: File the copies with the Industrial Commission, following the specified filing fee requirements.

Key Facts about Arizona Tort Claim

What is the Arizona Tort Claim form used for?

The Arizona Tort Claim form is used to file a claim for damages against a state agency or a county board of education. Individuals who believe they have suffered damages due to the negligent actions of a state employee or agent can use this form to seek compensation. The form requires specific information about the claimant, the agency involved, and the details surrounding the incident that caused the injury or damage.

What information do I need to provide on the form?

When completing the Arizona Tort Claim form, you must include your name, address, and contact information. Additionally, you need to specify the state agency or county board of education against which you are filing the claim. Details about the negligent employee or agent, the amount of damages you are claiming, the time and place of the incident, and a brief statement of the facts surrounding the injury must also be provided. If applicable, include witness names and itemized lists of damages such as repair or medical bills.

Is notarization required for the form?

Yes, notarization is mandatory for the Arizona Tort Claim form. After you complete the form, you must sign it in front of a notary public. The notary will then verify your identity and witness your signature, adding their seal to the document. This step is crucial for the validity of your claim.

How do I file the Tort Claim form?

You must file two complete copies of the Tort Claim form with the Industrial Commission. It is important to check the filing fee requirements as outlined in the instructions. You can submit the form via mail or hand delivery during business hours. If you are represented by an attorney, they will typically handle the filing process on your behalf.

What happens if my claim is dismissed?

If your claim is dismissed, you may receive a notice explaining the reasons for the dismissal. In some cases, you may be able to appeal the decision. However, if the dismissal is due to a failure to pay the required filing fee, you will need to submit the fee within a specified timeframe to avoid dismissal without prejudice. This means you may still have the opportunity to refile your claim in the future.

Can I file a claim for property damage to a vehicle?

Yes, you can file a claim for property damage to a vehicle. However, the claim must be filed in the name of the registered owner of the vehicle. Ensure that all relevant details about the incident and the damages are clearly outlined in your claim.

What if my contact information changes after filing?

If your contact information changes after you have filed your Tort Claim, it is essential to inform the Industrial Commission. You can do this by submitting a written notice through various methods, including email, fax, or mail. Keeping your contact information up to date ensures that you receive all necessary communications regarding your claim.

Common mistakes

Filling out the Arizona Tort Claim form can be a daunting task, and many people make mistakes that can delay or derail their claims. One common error is failing to provide complete contact information. It's essential to include your current mailing address, email, and phone number. If your contact information changes, you must notify the Industrial Commission promptly. Missing this step can lead to communication issues and potential dismissal of your claim.

Another frequent mistake involves not naming the correct state agency or employee involved in the incident. Ensure that you accurately identify the agency against which you are filing the claim, as well as the specific employee whose actions led to your injury. Omitting this information can result in your claim being rejected or delayed.

Providing insufficient details about the incident is also a common pitfall. The form requires a brief statement of what happened, including the time, date, and location of the injury. Vague descriptions may not provide enough context for your claim to be understood. It’s important to be clear and concise while including all relevant facts.

Some claimants overlook the necessity of itemizing their damages. The form asks for a breakdown of the damages you are claiming, such as medical bills or repair costs. Failing to include this information can weaken your claim and make it difficult to assess the total amount you are seeking.

Additionally, not notarizing the form can lead to complications. The affidavit must be signed in the presence of a notary public. Without this notarization, your claim may be considered incomplete and could be dismissed. Always ensure that this step is completed before submitting your form.

Another mistake is not filing the claim within the specified time frame. There are deadlines for submitting tort claims, and missing these deadlines can result in losing your right to seek damages. It’s crucial to be aware of these timelines and act accordingly.

Some individuals also fail to keep copies of their submitted forms. It’s wise to maintain a record of all documents you send, including the Tort Claim form and any supporting materials. This practice can help you track your claim’s progress and provide proof of submission if needed.

Lastly, misunderstanding the filing fee requirements can lead to rejection of your claim. Ensure that you include the correct payment method and amount as specified in the instructions. Claims submitted without the appropriate fees may be dismissed, so double-check this aspect before sending in your form.

Documents used along the form

The Arizona Tort Claim form is a critical document for individuals seeking to file a claim against a state agency or employee due to negligence. Along with this form, several other documents are often necessary to complete the claims process effectively. Below is a list of commonly used forms and documents that may accompany the Arizona Tort Claim form.

  • Claimant Affidavit: This document serves as a sworn statement from the claimant, providing essential details about the claim. It includes the claimant's name, address, the agency involved, and a brief description of the incident leading to the claim.
  • Notice of Claim: This form notifies the relevant state agency of the claimant's intent to file a tort claim. It outlines the basic facts of the incident and the damages sought, ensuring that the agency is aware of the impending claim.
  • Medical Records Release Form: Often, claimants must provide medical documentation to support their claims. This form authorizes the release of medical records to the agency handling the tort claim, facilitating the verification of damages related to injuries.
  • Proof of Service Document: This document confirms that the tort claim and any accompanying forms have been properly served to the state agency or employee involved. It is essential for establishing that the agency has received notice of the claim.

Understanding these additional documents can streamline the claims process and help ensure that all necessary information is provided. Proper preparation and submission of these forms can significantly impact the outcome of a tort claim in Arizona.

Similar forms

The Arizona Tort Claim form is similar to several other documents used in various jurisdictions and contexts. Each of these documents serves a purpose in filing claims or providing necessary information. Below is a list of eight documents that share similarities with the Arizona Tort Claim form:

  • North Carolina Tort Claim Form: This form requires claimants to provide personal information, details about the claim, and the circumstances of the injury, similar to the Arizona form.
  • California Government Claim Form: Like the Arizona form, this document asks for the claimant's information, details of the incident, and the amount of damages sought.
  • Florida Notice of Claim Form: This form outlines the necessary details for filing a claim against a government entity, including the claimant's information and the nature of the claim.
  • Texas Tort Claim Notice: Claimants must provide their name, the agency involved, and a brief description of the incident, paralleling the requirements in the Arizona Tort Claim form.
  • Illinois Tort Claim Form: This document also requires personal information and a statement of the claim, similar to the structure of the Arizona form.
  • New York Notice of Claim Form: This form is used to notify the city or state of a claim against it and requires similar information regarding the claimant and the incident.
  • Ohio Notice of Claim Form: Claimants must provide details about the incident and damages, akin to the information required in the Arizona Tort Claim form.
  • Pennsylvania Claim Form for Damages: This form requires the claimant's details and the nature of the claim, mirroring the structure of the Arizona Tort Claim form.

Dos and Don'ts

When filling out the Arizona Tort Claim form, there are essential dos and don'ts to keep in mind. Following these guidelines can help ensure your claim is processed smoothly.

  • Do provide complete and accurate personal information, including your name and address.
  • Do clearly state the amount of damages you are claiming.
  • Do include a brief but thorough description of the incident, including witness names if applicable.
  • Do file two complete copies of the form with the appropriate agency.
  • Don't leave any sections blank; incomplete forms may be rejected.
  • Don't forget to include the required filing fee; failure to do so can lead to dismissal of your claim.

Misconceptions

Understanding the Arizona Tort Claim form is essential for anyone considering filing a claim. However, several misconceptions often arise regarding this process. Here are nine common misunderstandings:

  • It is the same as a personal injury lawsuit. The Tort Claim form is a specific process for claims against government entities, not a general personal injury lawsuit.
  • Filing a claim guarantees compensation. Submitting the form does not ensure that the claim will be approved or that compensation will be awarded.
  • All claims can be filed using the same form. Different agencies may have specific requirements, so it is crucial to verify which form applies to your situation.
  • You do not need to provide evidence of damages. Claimants must detail damages and provide supporting documentation to substantiate their claims.
  • There is no deadline for filing. Claims must be filed within a specific timeframe, typically one year from the date of the incident.
  • Notarization is optional. The form requires notarization, and failure to do so can result in the claim being rejected.
  • Claims against state employees are filed against the individual. Claims must be filed against the state agency or entity employing the individual, not the individual themselves.
  • Filing fees are not required. A filing fee is necessary, and claims submitted without payment may be dismissed.
  • You can submit the form in any format. The form must be submitted according to specific guidelines, including using the designated filing method outlined by the agency.

Being aware of these misconceptions can help individuals navigate the claim process more effectively. Proper preparation and understanding of the requirements are key to submitting a successful claim.

Key takeaways

Filling out the Arizona Tort Claim form can seem daunting, but understanding the key elements can simplify the process. Here are some essential takeaways to keep in mind:

  • Complete Information is Crucial: Ensure that all sections of the form are filled out accurately. This includes your name, address, and the details of the state agency or employee involved. Missing information can lead to delays or dismissal of your claim.
  • Provide a Clear Description of the Incident: When describing the injury or accident, be concise yet thorough. Include the exact location, date, and time of the incident, along with a brief statement of what occurred and any witnesses present.
  • Itemize Your Damages: Clearly outline the damages you are claiming. This may include medical bills, repair costs, or other related expenses. Providing a detailed breakdown helps substantiate your claim.
  • Follow Filing Instructions Carefully: After completing the form, submit two copies to the Industrial Commission and ensure you include any required filing fees. Be aware of the deadlines and any specific instructions for different types of claims.

By following these guidelines, you can navigate the process more effectively and improve your chances of a successful claim.