Claims against a town or the State in New Jersey

See the dates for an injury

Type the date of the injury to see where the general rules land. It's date math, not legal advice: how the days are counted, and the exceptions, can change the real deadline.

Who counts as a public entity

These rules come from the New Jersey Tort Claims Act. Its list of public entities includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State.

The steps, in order

1. 1File a notice of claim within 90 daysNo lawsuit under the act can go forward unless the claim was first presented this way. The notice is due no later than the 90th day after the claim arises.Source: N.J.S.A. 59:8-3; N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
2. 2Then wait 6 monthsA lawsuit may be filed after 6 months from the date the notice is received.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
3. 3Missed the 90 days?A judge may allow a late notice up to 1 year after the claim arises, for extraordinary circumstances, if the public entity wasn't substantially harmed by the delay.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
4. 4The outer limitNo lawsuit against a public entity or public employee may be filed more than 2 years after the claim arises.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Where to file the notice

What the notice must include

A public entity may also adopt its own claim form, so ask whether it has one.

1. 1Your name and mailing addressThe name and post office address of the person making the claim.Source: N.J.S.A. 59:8-4
2. 2Where to send noticesThe address where the person presenting the claim wants notices sent.Source: N.J.S.A. 59:8-4
3. 3What happenedThe date, place and other circumstances of what gave rise to the claim.Source: N.J.S.A. 59:8-4
4. 4The injuryA general description of the injury, damage or loss, as far as it's known when the claim is presented.Source: N.J.S.A. 59:8-4
5. 5Who caused itThe name of the public entity, employee or employees, if known.Source: N.J.S.A. 59:8-4
6. 6The amountThe amount claimed as of the date the claim is presented.Source: N.J.S.A. 59:8-4

Limits on what can be recovered

Claims against a public entity have limits that other injury claims don't.

1. 1Pain and suffering, only in some casesIn general, pain and suffering can't be recovered from a public entity or public employee. One exception is a permanent loss of a bodily function, permanent disfigurement or dismemberment, where medical treatment expenses are over $3,600.Source: N.J.S.A. 59:9-2
2. 2No punitive damagesPunitive damages can't be awarded against a public entity.Source: N.J.S.A. 59:9-2
3. 3No interest before judgmentInterest doesn't build up against a public entity or public employee until a judgment is entered.Source: N.J.S.A. 59:9-2

When the notice steps don't apply

The act's notice steps don't apply to a lawsuit for an injury from sexual assault, another crime of a sexual nature, or sexual abuse.

When it's worth asking a lawyer now

1. 1A town, county, State agency or public employee may be involvedThe notice is due in 90 days, far sooner than the 2 years for most injury lawsuits.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9; N.J.S.A. 2A:14-2(a)
2. 2You're not sure who's responsibleThe notice asks who caused the injury, if known, and where to file depends on whether it's the State or a local entity.Source: N.J.S.A. 59:8-4; N.J.S.A. 59:8-7

Sources

• N.J.S.A. 59:8-8Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
• N.J.S.A. 59:8-9Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
• N.J.S.A. 2A:14-2(a)Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
• N.J.S.A. 59:1-1The act's name. Checked October 9, 2026.
• N.J.S.A. 59:1-3Who counts as a public entity. Checked October 9, 2026.
• N.J.S.A. 59:8-3A claim must be presented first, and the exceptions. Checked October 9, 2026.
• N.J.S.A. 59:8-7Where to file a notice of claim. Checked October 9, 2026.
• N.J.S.A. 59:8-4What a notice of claim must include. Checked October 9, 2026.
• N.J.S.A. 59:8-6A public entity's own claim form. Checked October 9, 2026.
• N.J.S.A. 59:9-2Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.