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