Written by attorney Adam L Rothenberg

Filing a Tort Claims Notice in New Jersey for Claims against Public Entities


In the State of New Jersey there is a Statute known as Title 59, which covers any action against a public entity. Pursuant to that Statute you MUST send a certified letter to any public entity and employee that you may feel is responsible for this claim. To properly file a claim you must send a certified letter, return receipt requested, to any and all public entities and/or employees that you feel may be responsible for your injuries. These letters must include the following:

(A) The name and post office address of the claimant;

(B) The post office address to which the person possessing the claim desires notices to be sent;

(C) The date, place and other circumstances of the occurrence of the transaction which gave rise to the claim asserted;

(D) A general description of the injury, damage, or loss incurred so far as it may be known at the time of the presentation of the claim;

(E) The name(s) of public entities, employee(s) causing the injury, damage or loss, if known; and

(F) The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed.

GENERALLY, THE TORT CLAIMS NOTICE MUST BE SERVED WITHIN 90 DAYS OF THE EVENT (There are limited exceptions which are not addressed here, seek legal counsel for the exceptions)

Please also be advised that in the State of New Jersey there is a law called the Statute of Limitations, which basically states that you have two years from the date that you were injured to file a claim for monetary damages against any public entity or employee of the public entity that may be responsible for your injuries. Therefore, a claim for damages must be filed on your behalf no later than TWO YEARS after the date of your injuries, or you are forever barred from recovering money damages for your injuries.

As you know, we concentrate our practice in representing those who have been injured in all kinds of accidents. Please do not hesitate to contact me should you have any questions about your case, or if you need an attorney for any other reason.

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