Suing a Government Entity in New Jersey: The 90-Day Tort Claims Notice

If you're hurt by a NJ Transit bus, a municipal garbage truck, a police car, a broken sidewalk outside a public building, or a dangerous county road, your claim is governed by the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 and following). It has its own deadlines, immunities, and limits, and the first deadline arrives just 90 days after the injury.

Who counts as a public entity

The Act covers the State of New Jersey and its agencies, counties, municipalities, school districts, public authorities, and other political subdivisions, along with their employees acting in the scope of their employment. NJ Transit is a public entity for these purposes, as are many housing authorities and public hospitals.

The 90-day notice of claim

A claim must be presented in writing to the right public entity within 90 days after the claim accrues, usually the date of the accident (N.J.S.A. 59:8-8). Many entities, including the State and NJ Transit, use their own claim forms. The notice must include information such as the claimant's name and address, the date, place, and circumstances of the incident, a description of the injury, and the public entity and employees involved.

If you missed 90 days

Under N.J.S.A. 59:8-9, a judge may allow late notice if the motion is filed within one year of the accident, the claimant shows extraordinary circumstances for the delay, and the public entity wasn't substantially prejudiced. Courts apply this strictly. After one year, a late claim is generally barred completely.

Filing the lawsuit

You generally can't file suit until six months after the notice is received, which gives the entity time to investigate and respond. The lawsuit must still be filed within two years of the accident (N.J.S.A. 59:8-8).

Limits on what you can recover

• Pain and suffering: not recoverable unless the injury involves permanent loss of a bodily function, permanent disfigurement, or dismemberment, and medical treatment expenses exceed $3,600 (N.J.S.A. 59:9-2(d)). Courts have interpreted "permanent loss of a bodily function" to require a substantial permanent injury proven with objective medical evidence. The New Jersey Supreme Court in Gilhooley v. County of Union, 164 N.J. 533 (2000), and later cases explain the standard.
• Punitive damages: not available against public entities (N.J.S.A. 59:9-2(c)).
• Collateral sources: benefits from other sources, like health insurance, generally reduce the award (N.J.S.A. 59:9-2(e)).
• No prejudgment interest against a public entity.

Immunities

Public entities are protected by a number of immunities. Some of the most common:

• Dangerous condition of property (N.J.S.A. 59:4-2): an entity is liable for a dangerous condition only if it created the condition or had notice of it in time to fix it, and its failure to act was "palpably unreasonable." That's a higher standard than ordinary negligence.
• Weather conditions on streets and highways (N.J.S.A. 59:4-7). Snow and ice falls.
• Discretionary decisions about allocating resources and similar policy choices
• Plan or design immunity for public improvements approved in advance

Vehicle crashes caused by a public employee's careless driving, such as a bus or municipal truck, are generally treated like ordinary negligence cases, and those immunities don't usually apply in the same way.

Common public entity claims

• NJ Transit bus and train accidents. See our NJ Transit accidents page.
• Crashes with police cars, fire trucks, and municipal vehicles
• Falls on public property with a dangerous condition
• Injuries in public schools
• Dangerous roadway conditions, such as missing signs or broken signals

Don't wait

Ninety days goes by fast, especially while you're in the hospital or recovering. If there's any chance a public entity or employee was involved, talk to a lawyer right away so the notice can be filed correctly and on time. See all New Jersey deadlines.