Arizona PDF Forms

Arizona PDF Forms

Homepage Fill Out Your Arizona Tort Claim Form
Table of Contents

The Arizona Tort Claim form serves as a crucial document for individuals seeking to file a claim against a state agency or its employees for alleged negligence. This form requires the claimant to provide essential personal information, including their name and address, as well as details about the state agency involved and the specific employee whose actions are being questioned. The claimant must articulate the nature of the damages incurred, specifying the amount and the circumstances surrounding the incident. Key components of the form include a brief description of how the injury or property damage occurred, the date and location of the event, and the names of any witnesses. Additionally, the form mandates the inclusion of a notarized signature and the submission of two complete copies to the appropriate authorities, along with adherence to specific filing fee requirements. Understanding these elements is vital for ensuring that claims are properly filed and considered under the Arizona Tort Claims Act.

Guide to Writing Arizona Tort Claim

Filling out the Arizona Tort Claim form requires careful attention to detail. This form is essential for individuals seeking to report damages due to the negligent actions of a state employee or agency. Once the form is completed, it must be filed according to the specific guidelines provided.

  1. Begin by printing your name clearly in the designated space at the top of the form.
  2. Provide your residential address, followed by your mailing address if it differs from your residential address.
  3. Identify the state agency or county board of education against which you are filing the claim, including its mailing address.
  4. State the amount of damages you are claiming due to the negligence of the employee or agent. Include their name(s) in the appropriate section.
  5. Detail the date, time, and location where the injury or accident occurred.
  6. Write a brief statement explaining how the injury or property damage occurred. Include any witness names if applicable.
  7. Itemize the damages you are claiming, such as repair bills or medical expenses.
  8. Sign the form, providing 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 filing.
  11. Submit the completed forms along with the required filing fee to the Industrial Commission, either by mail or hand delivery, as specified in the guidelines.

Common Questions

What is the 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 negligence. It outlines the details of the claim, including the claimant's information, the agency being claimed against, and the nature of the damages incurred. This form must be completed accurately to ensure the claim is processed correctly.

Who should file a Tort Claim?

Any individual who believes they have suffered damages due to the negligent actions of a state employee or agency can file a Tort Claim. This includes personal injuries, property damage, or other losses directly resulting from the actions of state employees while performing their official duties.

What information is required on the form?

The form requires several key pieces of information, including the claimant's name, contact information, the name of the state agency or employee involved, the amount of damages sought, and a brief description of the incident. Additionally, the exact time and location of the incident must be provided, along with any witness names if applicable.

Is notarization necessary?

Yes, notarization is mandatory for the Arizona Tort Claim form. The claimant must sign the form in front of a notary public, who will then provide a signature and seal to validate the claim. This step ensures the authenticity of the claim being submitted.

How do I submit the Tort Claim form?

To submit the Tort Claim form, you need to file two complete copies with the Industrial Commission. It is important to check the filing fee requirements before submission. The form can be mailed to the specified address or delivered in person during business hours. Ensure that all required information is included to avoid delays in processing.

What if I need to change my contact information?

If there is a change in your contact information after filing the claim, it is your responsibility to inform the Commission. You can do this by submitting a written notice via email, fax, or mail. Keeping your contact information updated is crucial for receiving any correspondence regarding your claim.

What are the filing fee requirements?

The Tort Claim form must be accompanied by a filing fee, which is equal to the fee for filing a civil action in the Superior Court. If you cannot afford the fee, you may submit a Petition to Sue as an Indigent. This petition requires an affidavit stating your inability to pay. If approved, you will be notified to submit the fee within a specified time frame.

What happens if my claim is dismissed?

If your claim is dismissed, you will receive a notice explaining the reason. If the dismissal is due to the claim being deemed frivolous, you may appeal directly to the Full Commission. It is important to understand the grounds for dismissal and to follow the proper procedures for any appeals.

Can I represent myself when filing a Tort Claim?

Yes, individuals can represent themselves when filing a Tort Claim. However, it is often advisable to seek legal counsel to ensure that all procedures are followed correctly and to enhance the chances of a successful claim. Legal experts can provide guidance on the complexities of the claims process.

Dos and Don'ts

When filling out the Arizona Tort Claim form, there are several important do's and don'ts to consider. Following these guidelines can help ensure that your claim is processed smoothly.

  • Do provide accurate and complete information. Ensure that all sections of the form are filled out without leaving any blanks.
  • Do include the correct name of the state agency or county board you are filing against. Double-check the spelling and accuracy.
  • Do clearly state the amount of damages you are claiming. This should be a specific dollar amount.
  • Do summarize the facts surrounding the incident concisely. Include relevant details but keep it brief.
  • Don't forget to sign the form. Your signature is mandatory for the claim to be valid.
  • Don't file without including the required filing fee. Ensure that your payment method complies with the guidelines.
  • Don't submit the claim without notarization. This step is essential for the claim to be accepted.
  • Don't provide outdated contact information. Make sure your email address and mailing address are current.

Similar forms

The Arizona Tort Claim form is similar to the Federal Tort Claims Act (FTCA) form. Both documents serve as a means for individuals to file claims against government entities for negligence or wrongful acts. The FTCA requires claimants to provide specific information, including their name, the agency responsible for the injury, a description of the incident, and the amount of damages sought. Like the Arizona form, the FTCA form mandates a detailed account of the circumstances surrounding the claim, ensuring that the government agency has sufficient information to investigate the allegations.

Another comparable document is the California Tort Claims Act form. This form is used to notify the state or local government of a claim against them due to negligence. Similar to the Arizona form, it requires claimants to include their name, contact information, details about the incident, and the damages incurred. Both forms emphasize the need for a clear statement of facts and circumstances, allowing the respective government entities to assess liability effectively.

The Florida Notice of Claim form also shares similarities with the Arizona Tort Claim form. Claimants in Florida must submit this notice to inform the government of potential claims before filing a lawsuit. Both documents require the claimant's information, details about the incident, and an itemization of damages. This preliminary notice is essential in both states to give the government an opportunity to respond or settle before litigation begins.

The New York State Tort Claim form is another document that parallels the Arizona form. It serves as a formal notice to the state of a claim against it for damages due to negligence. Both forms require the claimant to provide personal details, the nature of the claim, and the circumstances surrounding the injury. Each form is designed to facilitate communication between the claimant and the government, allowing for an organized approach to resolving disputes.

Lastly, the Texas Notice of Claim form is similar in purpose and structure to the Arizona Tort Claim form. It is used to inform the state or local government of a claim arising from negligence. Both forms require essential information, such as the claimant's name, the agency involved, and a brief description of the incident. The Texas form, like its Arizona counterpart, aims to provide a clear framework for the claim, enabling the government to investigate and respond appropriately.

Key takeaways

Filing a Tort Claim in Arizona can seem overwhelming, but understanding the key steps can simplify the process. Here are eight essential takeaways to guide you through filling out and using the Arizona Tort Claim form:

  • Know Your Claimant Information: Clearly provide your name and contact details. This information is crucial for communication regarding your claim.
  • Identify the State Agency: Specify the state agency or county board of education against which you are filing the claim. This ensures your claim reaches the correct entity.
  • Detail the Negligent Conduct: Include the name of the employee or agent whose actions led to your claim. This is vital for establishing liability.
  • Specify Damages: Clearly state the amount of damages you are claiming. Be precise to avoid confusion during the review process.
  • Provide Incident Details: Describe where and when the injury or accident occurred. Include specifics such as the date, time, and exact location.
  • Summarize the Incident: Offer a brief statement about what happened. Include any witnesses' names, as their accounts can support your claim.
  • Itemize Your Damages: List the damages you are claiming, such as medical bills or repair costs. This breakdown helps clarify your total claim amount.
  • Follow Filing Procedures: Ensure you file two complete copies of your claim with the Industrial Commission and adhere to any filing fee requirements.

By keeping these points in mind, you can navigate the Arizona Tort Claim process more effectively. Take your time to fill out the form accurately, as this will enhance your chances of a successful claim.

Common mistakes

  1. Failing to include all required personal information, such as the claimant's name, address, and email. This information is essential for processing the claim.

  2. Not specifying the state agency or county board of education against which the claim is filed. This omission can delay or dismiss the claim.

  3. Neglecting to name the employee or agent whose alleged negligence caused the injury. This detail is crucial for establishing liability.

  4. Underestimating the amount of damages being claimed. Ensure that the amount reflects all losses accurately to avoid complications.

  5. Providing incomplete or incorrect details about the time and place of the incident. This information must be precise to support the claim.

  6. Offering a vague statement of the facts surrounding the injury. A clear and concise description helps the reviewing body understand the claim.

  7. Forgetting to include witness names or their contact information, if applicable. Witnesses can provide critical support for your case.

  8. Not itemizing damages properly, such as repair bills or medical expenses. A detailed breakdown strengthens the claim.

  9. Skipping the notarization of the form. This step is mandatory and failure to comply can lead to rejection of the claim.

  10. Not filing two complete copies of the claim with the Industrial Commission. This requirement is essential for proper processing.

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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

Form Breakdown

Fact Name Fact Description
Governing Law The Arizona Tort Claim form is governed by the Arizona Revised Statutes, specifically Title 12, Chapter 8, which outlines the procedures for filing tort claims against the state.
Claimant Information Claimants must provide their full name and address, including any change of mailing address as specified in the requirements.
Agency Identification The claim must specify the state agency or county board of education against which the claim is filed.
Negligent Conduct Claimants need to identify the employee or agent whose alleged negligence caused the damages.
Damages Claimed The form requires the claimant to specify the amount of damages being sought due to the incident.
Incident Details Details about the time and place of the injury or accident must be included, along with a brief statement of what occurred.
Witness Information Claimants should provide names of any witnesses who can support their claim, if applicable.
Mandatory Notarization The form must be notarized. The signature of the claimant and the notary public are required for validation.
Filing Instructions Two complete copies of the form must be filed with the Industrial Commission, along with any applicable filing fees.