Government-related injury claims are governed by a different set of rules from claims against private property owners, businesses, or drivers. The New Jersey Tort Claims Act gives public entities significant protections, defenses, and immunities. It also requires an injured person to take action much earlier than many people expect.

This can affect injuries involving the State of New Jersey, a county, municipality, public authority, public school, police department, transit-related entity, or other government body. It may also apply when the alleged negligence involves a public employee acting within the scope of employment.

At Aburas Law, we help injured people identify the responsible parties, preserve evidence, determine whether the Tort Claims Act applies, and take the required steps before a deadline closes the door.

What Is the New Jersey Tort Claims Act?

The New Jersey Tort Claims Act, found at N.J.S.A. 59:1-1 and following, controls many claims for injury or property damage against public entities and public employees. Unlike an ordinary negligence case, liability against the government is not automatic merely because someone was injured.

The Act begins from the general principle that public entities have immunity unless a specific provision of law creates liability. That means a claimant must do more than show that an accident happened. The claimant must identify a legal basis for liability, comply with the notice requirements, and overcome any applicable statutory immunity or damages limitation.

The 90-Day Notice of Claim Requirement

The Notice of Claim is not the lawsuit itself. It is a formal pre-suit notice that gives the public entity an opportunity to investigate the incident, examine the location, preserve records, identify witnesses, and evaluate the potential claim.

Calling a government office, making a police report, submitting an incident report, speaking with an insurance adjuster, or complaining to a municipal employee may not satisfy the statutory notice requirements. The notice must contain required information and must be presented to the proper public entity in the legally accepted manner.

When Does the 90-Day Period Begin?

The deadline is measured from the date the claim “accrues.” In many accident cases, that is the date of the injury. However, accrual can become complicated when the injured person did not immediately know the cause of the harm, did not know a public entity was involved, or could not reasonably identify the responsible party.

Because accrual questions are fact-sensitive, it is dangerous to assume the deadline has not begun. The safest approach is to investigate and act immediately.

The Government-Claim Timeline

What Information Must the Notice Include?

A Notice of Claim generally needs enough information to allow the public entity to investigate. Under the Tort Claims Act, this commonly includes:

• 1The claimant’s name and address.
• 2The address for future notices and communications.
• 3The date, location, and circumstances of the incident.
• 4A general description of the injury, damage, or loss.
• 5The names of public entities or employees believed to be responsible, when known.
• 6The amount claimed, when it can reasonably be estimated.
• 7Supporting information requested on the entity’s claim form.

Public entities may use their own forms and may request additional documentation. The form alone does not decide whether the notice is legally sufficient. Correct service, accurate identification of the entity, and substantial compliance with the Act can become contested issues.

Which Accidents Can Trigger the 90-Day Rule?

What If You Missed the 90-Day Deadline?

Missing the initial deadline does not always end the case—but the available path is narrow and time-sensitive.

Under N.J.S.A. 59:8-9, a Superior Court judge may permit a late Notice of Claim when the application is made within one year after accrual, the claimant shows sufficient reasons amounting to extraordinary circumstances, and the public entity or employee has not been substantially prejudiced by the delay.

Serious medical incapacity, delayed discovery of legally significant facts, or other unusual circumstances may be relevant, but no single fact automatically guarantees relief. Courts evaluate why the notice was late, when the claimant became able to act, whether the motion was filed within a reasonable time, and whether the delay impaired the public entity’s ability to investigate.

Proving Liability Is Different in a Government Case

Timely notice preserves the opportunity to pursue a claim, but it does not establish liability. The claimant must still prove that a provision of the Tort Claims Act permits recovery.

For a dangerous condition of public property, disputed issues may include:

• 1Whether a dangerous condition existed at the time of the injury.
• 2Whether the condition created a reasonably foreseeable risk of the kind of injury that occurred.
• 3Whether a public employee created the condition or the entity had actual or constructive notice of it.
• 4Whether the entity had enough time to take protective measures.
• 5Whether the entity’s conduct was “palpably unreasonable,” a standard higher than ordinary carelessness.
• 6Whether a statutory immunity or defense applies.

These requirements make photographs, inspection records, repair history, prior complaints, surveillance footage, work orders, witness statements, and proof of notice especially important.

Can You Recover Pain and Suffering?

The Tort Claims Act places additional limits on non-economic damages. In many covered cases, recovering compensation for pain and suffering requires objective proof of a permanent loss of bodily function, permanent disfigurement, or dismemberment, along with medical-treatment expenses above the statutory threshold.

Temporary pain—even when severe—may not be enough by itself. Courts examine whether the injury is objectively permanent and whether the resulting loss of bodily function is substantial.

What to Do After an Injury Involving Government Property

• 1Get medical care promptly. Describe how and where the injury occurred so the medical record accurately connects the treatment to the incident.
• 2Photograph the exact location. Capture wide views, close-ups, measurements, warning signs, lighting, weather conditions, and nearby landmarks.
• 3Report the incident. Ask for a copy or reference number, but do not assume an incident report replaces a formal Notice of Claim.
• 4Identify every possible entity. Determine who owned, controlled, maintained, repaired, or inspected the property or vehicle.
• 5Collect witness details. Government locations can change quickly, and witnesses may become difficult to find.
• 6Preserve physical evidence. Keep damaged footwear, clothing, personal property, photographs, receipts, and communications.
• 7Avoid signing broad releases. Do not settle or sign away rights before understanding the injury and all potentially responsible parties.
• 8Speak with a New Jersey attorney immediately. The identity of the defendant and the notice deadline should be investigated before evidence disappears.

The Do’s and Don’ts: Quick Reference

Frequently Asked Questions