New Jersey Notice of Tort Claim

Introduction

Key Things to Know

1. 1

   The deadline is short and strict. A claim for death or for injury or damage to person or property must be presented no later than the 90th day after accrual (N.J.S.A. 59:8-8). Missing it can bar the claim. Reading the statute or contacting the entity's risk management office or clerk confirms the current rule.

2. 2

   One statute covers both tracks. The New Jersey Tort Claims Act applies to the State and to local public entities, and the same 90-day deadline applies to each (N.J.S.A. 59:8-7, 59:8-8).

3. 3

   A notice against a city, county or other local public entity is filed with that entity (N.J.S.A. 59:8-7, 59:8-8). For a State claim, the Treasury's claim form gives the address Tort and Contract Unit, Department of the Treasury, Bureau of Risk Management, PO Box 620, Trenton, NJ 08625, and suggests certified mail. Confirm the recipient office with the agency before sending.

4. 4

   The notice must state the amount claimed as of the date it is presented, including the estimated amount of any prospective injury, damage or loss, together with the basis of computation of the amount claimed (N.J.S.A. 59:8-4(f)).

5. 5

   The notice also gives the claimant's name and post office address, the post-office address for notices, the date, place and other circumstances of the occurrence, a general description of the injury, damage or loss, and the names of the public entity or employees causing it, if known.

6. 6

   After filing, the claimant must wait 6 months from the date the notice of claim is received before filing suit in an appropriate court of law (N.J.S.A. 59:8-8). Subject to statutory exceptions, the claimant is barred if 2 years have elapsed since accrual (N.J.S.A. 59:8-8(b)).

7. 7

   Late notice needs a court's permission. A court may, in its discretion, permit a late notice if the claimant shows sufficient reasons constituting extraordinary circumstances and the public entity or employee has not been substantially prejudiced, at any time within 1 year after accrual (N.J.S.A. 59:8-9). Relief is not automatic.

New Jersey Requirements for Notice of Claim

• 90-Day Notice Deadline

  N.J.S.A. 59:8-8: a claim for death or for injury or damage to person or property must be presented no later than the 90th day after accrual.

• One Rule for State and Local

  N.J.S.A. 59:8-7, 59:8-8: the 90-day rule applies to the State and to local public entities; a local notice is filed with that entity.

• State Claim Address (Treasury Form)

  The Treasury claim form gives Tort and Contract Unit, Bureau of Risk Management, PO Box 620, Trenton, NJ 08625, and suggests certified mail. Confirm the recipient with the agency.

• Six-Month Wait and Two-Year Bar

  N.J.S.A. 59:8-8: wait 6 months from the date the notice is received before filing suit; subject to statutory exceptions, barred if 2 years have elapsed since accrual (59:8-8(b)).

• Late Notice by Court Leave

  N.J.S.A. 59:8-9: a court may permit late notice within 1 year after accrual if the claimant shows extraordinary circumstances and the entity has not been substantially prejudiced.

• Amount and Basis of Computation

  N.J.S.A. 59:8-4(f): state the amount claimed as of presentation, including estimated prospective injury, damage or loss, and the basis of computation.

• Occurrence and Parties

  Give the claimant's name and post office address, the address for notices, the date, place and circumstances, a general description of the loss, and the entity or employees causing it, if known.

• Proof of Delivery

  Record the date presented, the recipient office and the delivery method, with any certified mail article number.