Blank Arizona Tort Claim PDF Form

Blank Arizona Tort Claim PDF Form

The Arizona Tort Claim form is a legal document used by individuals to file claims for damages against state agencies or employees due to negligence. This form requires specific information, including the claimant's details, the nature of the claim, and a description of the incident. If you believe you have a valid claim, fill out the form by clicking the button below.

The Arizona Tort Claim form is a crucial document for individuals seeking compensation for damages caused by the negligence of a state employee or agency. This form requires claimants to provide essential information, including their name, address, and details about the incident that led to the claim. It specifies the amount of damages sought and demands a brief description of the circumstances surrounding the injury or property damage. Additionally, the form necessitates the identification of the state agency or employee responsible for the alleged negligence. Notarization is mandatory, ensuring that the claim is officially recognized. Claimants must also be aware of the specific filing requirements, including the need to submit two complete copies and adhere to any associated filing fees. Understanding these elements is vital for anyone navigating the claims process in Arizona, as it sets the foundation for a successful claim against state entities.

Document Sample

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 [email protected], 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

File Specifics

Fact Name Details
Governing Law The Arizona Tort Claim form is governed by the Arizona Revised Statutes, specifically A.R.S. § 12-821 et seq.
Claimant Information The form requires the claimant's full name and current address, including any changes to mailing address.
State Agency Claims must specify the state agency or department against which the claim is filed.
Negligent Employee The name of the employee or agent whose negligence is the basis of the claim must be included.
Damages Claimed The claimant must state the amount of damages sought and provide a brief description of the incident.
Filing Requirements Two complete copies of the form must be filed with the Industrial Commission, along with the appropriate filing fee.

How to Use Arizona Tort Claim

Filling out the Arizona Tort Claim form is an important step in addressing a claim for damages. After completing the form, it will need to be submitted according to the specified guidelines. This ensures that the claim is properly filed and reviewed by the appropriate authorities.

  1. Begin by printing your name at the top of the form.
  2. Provide your residential address and mailing address in the designated spaces.
  3. Indicate 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 you are claiming due to the negligent conduct of the employee or agent involved.
  5. Describe the injury or accident, including the exact location and the date and time it occurred.
  6. Provide a brief statement explaining how the injury or property damage happened. Include names of any witnesses if applicable.
  7. Itemize the damages you are claiming, such as repair bills or medical expenses.
  8. Sign the form and include your email address and the date of signing.
  9. Ensure that the form is notarized, as this is a mandatory requirement.
  10. Make two complete copies of the filled-out form for submission.
  11. File the copies with the Industrial Commission and ensure you comply with any filing fee requirements.

Your Questions, Answered

What is the Arizona Tort Claim form?

The Arizona Tort Claim form is a document used to file a claim against a state agency or a county board of education for damages caused by the negligent actions of an employee or agent. This form is essential for individuals seeking compensation for injuries or property damage resulting from such negligence.

Who can file a Tort Claim in Arizona?

Any individual who has suffered damages due to the negligent actions of a state employee or agent can file a Tort Claim. This includes residents who have experienced injuries or property damage in situations involving state agencies or county boards of education.

What information is required on the Tort Claim form?

The form requires specific information, including:

  1. Your name and contact information.
  2. The name of the state agency or county board of education against which the claim is filed.
  3. The name of the employee or agent whose negligence caused the damages.
  4. The amount of damages you are claiming.
  5. The time and place where the incident occurred.
  6. A brief description of the events leading to the injury or damage.

How do I submit the Tort Claim form?

You must file two complete copies of the Tort Claim form with the Industrial Commission. You can do this by mailing the forms to the Clerk’s Office or delivering them in person during business hours. Be sure to check the filing fee requirements as well.

Are there any filing fees associated with the Tort Claim?

Yes, there are filing fees. Your claim must be accompanied by an attorney's check, certified check, money order, or electronic funds transfer for the amount required for filing a civil action. If you cannot afford the fee, you may submit a Petition to Sue as an Indigent, which allows your claim to be filed without the fee initially.

What if I change my contact information after filing the claim?

If your contact information changes, you must notify the Commission. You can do this by submitting a written notice through various methods, including email or mail. This is crucial to ensure that you receive all necessary communications regarding your claim.

Is notarization required for the Tort Claim form?

Yes, notarization is mandatory. You must sign the form in front of a notary public, who will then provide their signature and seal. This step adds legitimacy to your claim and ensures that all information is accurate.

What happens if my claim is dismissed?

If your claim is dismissed, you may have the option to appeal the decision. However, if your claim is dismissed due to failure to pay the filing fee, you may need to submit the fee within a specified time frame to avoid dismissal without prejudice.

Where can I find more information about the Tort Claim process?

You can find more information on the Arizona Industrial Commission's official website. They provide detailed instructions and resources regarding the Tort Claim process, including how to file and any updates to the requirements.

Common mistakes

  1. Incomplete Information: Failing to provide all required details, such as the claimant's name, address, and the state agency involved, can lead to delays or rejection of the claim.

  2. Incorrect Agency Name: Filing against the wrong agency or department will invalidate the claim. Ensure you have the correct name of the state department or county board.

  3. Missing Employee Name: Not including the name of the state employee whose negligence caused the injury can result in an incomplete claim.

  4. Vague Description: Providing a brief statement that lacks clarity about how the injury occurred can hinder the evaluation of the claim.

  5. Failure to Itemize Damages: Not itemizing damages, such as repair bills or medical expenses, can lead to misunderstandings about the amount being claimed.

  6. Notarization Oversight: Forgetting to have the form notarized is a common mistake that can render the claim invalid.

  7. Ignoring Filing Fees: Not including the required filing fee or failing to follow the payment instructions can result in the claim being dismissed.

  8. Failure to Update Contact Information: Not informing the commission of any changes in contact information can lead to missed communications regarding the claim.

Documents used along the form

The Arizona Tort Claim form is an essential document for individuals seeking to file a claim against a state agency or employee due to alleged negligence. In addition to this form, several other documents are commonly used in conjunction with the tort claim process. Each of these documents serves a specific purpose and helps to facilitate the claims process.

  • Notice of Claim: This document formally notifies the state agency of the intent to file a claim. It outlines the basic facts of the incident and the damages sought.
  • Affidavit of Service: This form verifies that the notice of claim has been delivered to the appropriate agency or individual. It is often required to prove that the agency was properly notified.
  • Medical Records Release Form: Claimants may need to provide access to their medical records to substantiate claims for personal injury. This form allows healthcare providers to release relevant medical information.
  • Incident Report: This report details the circumstances surrounding the incident leading to the claim. It can include witness statements and other relevant evidence.
  • Claimant's Statement: A narrative document where the claimant describes the incident in detail, including the impact on their life and any ongoing issues resulting from the incident.
  • Evidence Documentation: This collection of documents may include photographs, bills, and any other evidence that supports the claim for damages.
  • Petition to Sue as an Indigent: For claimants unable to pay filing fees, this petition allows them to request a waiver based on financial hardship.
  • Request for Mediation: Some claimants may opt to resolve disputes through mediation. This document formally requests mediation services from the appropriate agency.
  • Settlement Agreement: If a claim is settled, this document outlines the terms agreed upon by both parties and is essential for finalizing the settlement.
  • Appeal Form: If a claim is denied, this form is used to initiate an appeal process, allowing the claimant to contest the decision.

Understanding these additional documents can significantly enhance the effectiveness of a claim filed using the Arizona Tort Claim form. Each document plays a critical role in ensuring that the claim is properly presented and supported, ultimately influencing the outcome of the case.

Similar forms

The Arizona Tort Claim form shares similarities with the California Government Claim form. Both documents serve as formal notices to government entities regarding claims for damages caused by negligence. They require claimants to provide personal details, including their name and contact information, as well as specifics about the incident, such as the date, location, and nature of the damages. Furthermore, both forms necessitate a clear statement of the damages sought, ensuring that the government entity has sufficient information to assess the claim.

Another document akin to the Arizona Tort Claim form is the Florida Notice of Claim form. This form is utilized by individuals seeking to file a claim against a government agency in Florida. Like the Arizona form, it mandates the claimant to detail the nature of the injury, the amount of damages, and the circumstances surrounding the incident. Both forms emphasize the importance of providing accurate and thorough information to facilitate the review process by the respective state agencies.

The New York Notice of Claim form also bears resemblance to the Arizona Tort Claim form. Claimants in New York must complete this form when pursuing a claim against a municipal entity. Similar to Arizona's requirements, the New York form requests specific details about the incident, including the time, place, and nature of the claim. This consistency across forms highlights the necessity of providing a comprehensive account of the circumstances leading to the claim.

Additionally, the Texas Notice of Claim form serves a similar purpose. It is required for individuals wishing to file a claim against a Texas governmental unit. The Texas form, like its Arizona counterpart, requires claimants to furnish their personal information, the details of the incident, and the extent of damages. Both forms aim to ensure that the governmental units are adequately informed to handle the claims appropriately.

The Illinois Notice of Claim form is yet another document that parallels the Arizona Tort Claim form. Claimants in Illinois must complete this form to notify the state of their intention to pursue a claim for damages. Similar to Arizona's form, it requires detailed information about the claimant, the nature of the claim, and the damages sought. This approach ensures that the state can efficiently address the claims presented to them.

Finally, the Massachusetts Tort Claim form is comparable to the Arizona Tort Claim form. In Massachusetts, individuals must file this form to seek compensation for damages caused by the negligence of a government entity. Both forms require claimants to provide essential information, including their contact details, a description of the incident, and the amount of damages sought. This commonality underscores the structured approach taken by various states in handling tort claims against government entities.

Dos and Don'ts

When filling out the Arizona Tort Claim form, there are several important guidelines to follow. Here’s a list of what you should and shouldn’t do:

  • Do provide your full name and current address clearly.
  • Do specify the state agency or county board against which you are filing the claim.
  • Do accurately detail the amount of damages you are claiming.
  • Do include a brief, clear statement of how the injury or accident occurred.
  • Do list the names of any witnesses to the incident.
  • Don't forget to notarize your claim before submission.
  • Don't submit the form without including any required filing fees.

By adhering to these guidelines, you can ensure that your claim is processed smoothly and efficiently. It’s crucial to be thorough and accurate in your responses to avoid delays or complications.

Misconceptions

Misconceptions about the Arizona Tort Claim form can lead to confusion and errors in the claims process. Here are nine common misconceptions, along with clarifications:

  • All claims must be filed within a year. Many believe that all tort claims must be filed within one year. However, this timeframe can vary depending on the specifics of the case and the agency involved.
  • Only physical injuries can be claimed. Some think that only physical injuries are valid for a tort claim. In reality, claims can also include property damage and emotional distress.
  • Filing a claim guarantees compensation. There is a misconception that submitting a tort claim automatically leads to compensation. In fact, claims must be thoroughly reviewed and approved before any payment is made.
  • Claims can be filed without supporting evidence. Many individuals assume they can file a claim without documentation. However, providing evidence, such as witness statements and medical records, is crucial for a successful claim.
  • Claims can be filed against any state employee. Some believe they can file claims against any employee of the state. Claims must be directed against specific employees whose actions caused the injury or damage.
  • Filing fees are optional. There is a common belief that filing fees are not mandatory. In reality, claims must be accompanied by the appropriate filing fee, or they may be dismissed.
  • Claims can be submitted verbally. Some think they can simply explain their claim over the phone. Claims must be submitted in writing using the designated form to be considered valid.
  • Once filed, the claim process is quick. Many expect a swift resolution after filing. The process can take time, as claims require investigation and review before a decision is reached.
  • Legal representation is not necessary. While individuals can file claims without an attorney, many believe they do not need legal help. Having an attorney can significantly improve the chances of a successful claim.

Understanding these misconceptions can help individuals navigate the Arizona Tort Claim process more effectively and increase their chances of a successful outcome.

Key takeaways

Filling out the Arizona Tort Claim form is an important step in seeking compensation for damages. Here are key takeaways to keep in mind:

  • Complete Personal Information: Ensure that your name, address, and contact details are accurate and up to date.
  • Identify the Responsible Agency: Clearly state the state agency or county board of education against which you are filing the claim.
  • Specify the Negligent Employee: Include the name of the employee or agent whose actions caused the injury or damage.
  • Detail the Damages: Clearly indicate the amount of damages you are claiming and provide a brief explanation of how the injury occurred.
  • Include Relevant Facts: Provide a concise statement of the facts surrounding the incident, including witness names if applicable.
  • File Timely: Be mindful of any deadlines for submitting your claim to ensure it is considered.
  • Notarization Requirement: Remember that notarization of the claim is mandatory before submission.
  • Multiple Copies: Submit two complete copies of the form as required by the Industrial Commission.
  • Filing Fees: Be prepared to pay the necessary filing fee, as claims will not be accepted without payment.
  • Contact Information Updates: Notify the Commission of any changes to your contact information promptly to avoid communication issues.

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