What is a NJ Tort Claims Notice and when is it required?

You can use the NJ Tort Claims Act to file a lawsuit against the state or local government or one of their employees if you have been injured by their actions, but, before you file a lawsuit, you must create and send a Tort Claims Notice.

The notice must be sent to the state or local government body caused the injury within 90 days of the injury. It is very important to investigate to be sure that you are sending a claim to the correct state or local government body. If you send the notice to the wrong state or local government body and do not correct the mistake within 90 days, your claim will not be allowed.

Are there any exceptions to the requirement for filing a Tort Claims notice in New Jersey?

You do not need to file a Tort Claims notice if you are filing a case alleging an injury based on a sexual assault, a violation of the Law Against Discrimination, or certain federal civil rights laws. If you are under the age of 18 when the injury occurs, the Tort Claims Act requirements do not apply until you are 18. If you are physically or mentally incapacitated, the Tort Claims Act requirements do not apply until you have recovered from the incapacity.

Is there a standard form for filing a Tort Claims Notice in New Jersey?

No, but the State of New Jersey, state agencies, and many local and county governments have created their own forms that must be used to file a claim. Call the state or local government office in question and ask for their Tort Claims notice packet or try searching for it online. If there isn’t a required form, you can create a notice by writing a letter and including the information below.

What information must be included in a Tort Claims Notice?

You must include the following in your notice:

1. Your name and address
2. The address you want them to use to communicate with you
3. The date, location, and details of what happened to cause the injury
4. What you lost or how you were injured or damaged
5. The name of the state or local body and its employees that caused the injury
6. The amount of money you believe you should get and how you came up with this amount.

Are there any additional documents or actions needed with the Tort Claims Notice?

Yes, you should include any documents that support your case. Finally, you should sign and date the notice.

Where and how should the Tort Claims Notice be sent?

Send the completed notice by regular and certified mail return-receipt requested to the correct state or local government agency. If your claim is against either the State of New Jersey or a state agency, you must send the notice to the Attorney General or to the state agency. If your claim is against a local or county agency, you must send the notice to the local or county agency. Be sure to save the certified mail green cards you receive from the post office. If possible, you should also deliver a copy in person.

After filing a Tort Claims Notice, when can I file a lawsuit, and is there a deadline?

After you file the Tort Claims notice, you must wait 180 days before you file a lawsuit to allow the state or local government time to investigate and to consider settling your claim. You must file the lawsuit within two years of the injury. If you don’t, your lawsuit won’t be allowed.

What if I do not file a Tort Claims Notice within 90 days of the injury?

If you have not filed a Tort Claims Notice within 90 days of the injury, you may request permission to file a late notice by filing a motion with the Superior Court. You have one year to file this motion but should try to file it as soon as possible after the 90-day deadline. The motion must include affidavits based on your personal knowledge. showing that: 1) the notice was not filed within 90 days because of “extraordinary circumstances,” and 2) the state or local government body is not “substantially prejudiced by the delay in filing” because they cannot adequately investigate your claim.

What are “extraordinary circumstances” for purposes of late filing, and what does not qualify?

The court will look at the facts of your case and consider whether your legal claim is valid. Not knowing about the 90-day deadline is not an “extraordinary circumstance.” A severe mental or physical disability might be considered an “extraordinary circumstance.”

This information last reviewed: Sep 30, 2025