NJ Tort Claims Act

NEW JERSEY TORT CLAIMS ACT AND LIMITATIONS ON LAWSUITS

The New Jersey Tort Claims Act (“NJTCA”), N.J.S.A. 59:1-1, et seq., provides that “parties suing public entities must comply with strict requirements for notifying and suing those entities.” Feinberg v. N.J. Dep’t of Envtl. Prot., 137 N.J. 126, 134 (1994).


Many people understand the concept of the Statute of Limitations for a personal injury lawsuit, but the Tort Claims Act significantly limits the time period you have to sue a public entity in New Jersey. 

Requirements for suing a public entity in New Jersey include:

  1. Providing written notice to the government agency or employee.  The notice must include the name of the public entity or employee, if known; the date, place, and circumstances of the incident giving rise to the claim; and a general description of the injury, damage, or loss.
  2. Written notice MUST be provided within 90 days of the incident or discovery of the incident or you will not be able to pursue a lawsuit against the entity. 
  3. The written notice must also advise of a potential lawsuit for civil damages.

Failure to comply with these requirements will likely put you out of court.  If you believe you have a claim against a public entity in New Jersey, you must act quickly.  Feel free to contact Edelstein Law for a free consultation with a lawyer.