By Richard M. Pescatore, Esq.
If a New Jersey town, county or state agency may be responsible for your injury, you generally must file a written notice of claim within 90 days. The rule is in the Tort Claims Act, at N.J.S.A. 59:8-8. If you miss it, you can lose the right to sue, even when the ordinary two-year injury deadline is still open.
When the clock starts
The 90 days usually run from the date of the injury. They can apply to crashes with public vehicles, falls on public property, and injuries involving public employees on the job.
The exception that matters most
A judge can allow a late notice within one year of the injury, but only if you show extraordinary circumstances and the public entity is not substantially prejudiced. Treat 90 days as the real deadline. The lawsuit itself must be filed within two years.
What to do now
Note the exact place and time, take photos, and save the names of witnesses and any public workers involved. Call a lawyer right away. Read more about personal injury claims.
Deadlines depend on the facts of each case. This post is general information, not legal advice.