A Claim Against the Government
N.J.S.A. 59:8-8 — notice within 90 days, six months before suing, and two years at most
A claim against a New Jersey public entity or public employee for a death, or for injury or damage to a person or to property, is presented as the chapter provides no later than the 90th day after the cause of action accrues.
Who handles this in New Jersey: legal aid programs, lawyer referral and the state offices, listed in the New Jersey directory.
| Step | When |
|---|---|
| StepThe notice of claim, filed with the public entity | WhenNo later than the 90th day after the claim accrues |
| StepFiling suit | WhenOnce six months have passed from the day the notice is received |
| StepThe latest any suit may be filed | WhenTwo years after the claim accrues |
Missing the 90 days bars the claim, with one narrow way back. A claimant who did not file within 90 days may, in a Superior Court judge's discretion, be permitted to file a late notice within one year after the claim accrued, if the public entity or employee has not been substantially prejudiced. The motion is supported by affidavits showing extraordinary circumstances for the delay.
A claim is also barred once the claimant has settled it. A minor, or a person who is mentally incapacitated, may bring the action within these limits after reaching majority or returning to capacity.
Which public entity a claim runs against, whether an immunity applies, and when the claim accrued are questions for a licensed New Jersey attorney.
Sources for this section (2)
- N.J.S.A. 59:8-8 — Time for presentation of claims
- N.J.S.A. 59:8-9 — Notice of late claim
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.