N.J. Stat. tit. 59, ch. 8

in effect

N.J. Stat. § 59:8-1 Date of accrual of cause of action

Accrual shall mean the date on which the claim accrued and shall not be affected by the notice provisions contained herein. L.1972, c. 45, s. 59:8-1.

N.J. Stat. § 59:8-2 Local public entity defined

For purposes of this chapter "local public entity" means a public entity other than the State. L.1972, c. 45, s. 59:8-2.

N.J. Stat. § 59:8-3 Claims for damages against public entities; inapplicability.

59:8-3. Claims for damages against public entities. a. Except as otherwise provided in this section, no action shall be brought against a public entity or public employee under this act unless the claim upon which it is based shall have been presented in accordance with the procedure set forth in this chapter. b. The procedural requirements of this chapter shall not apply to an action at law for an injury resulting from the commission of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1). amended 1994, c.49, s.2; 2019, c.120, s.8.

N.J. Stat. § 59:8-4 Contents of claim

A claim shall be presented by the claimant or by a person acting on his behalf and shall include: a. The name and post office address of the claimant; b. The post-office address to which the person presenting the claim desires notices to be sent; c. The date, place and other circumstances of the occurrence or 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 presentation of the claim; e. The name or names of the public entity, employee or employees 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. L.1972, c. 45, s. 59:8-4.

N.J. Stat. § 59:8-5 Signature

The claim shall be signed by the claimant or by some person on his behalf. L.1972, c. 45, s. 59:8-5.

N.J. Stat. § 59:8-6 Claim forms; additional evidence and information; examinations

59:8-6. Claim forms; additional evidence and information; examinations. A public entity may by rule or regulation adopt forms specifying information to be contained in claims filed against it or its employee under this act. Such forms shall include the requirements of 59:8-4 of this act and may include such additional information or evidence as (1) written reports of a claimant's attending physicians or dentists setting forth the nature and extent of injury and treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity; (2) a list of claimant's expert witnesses and any of their reports or statements relating to the claim; (3) itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses; (4) documentary evidence showing amounts of income lost; (5) if future treatment is necessary, a statement of anticipated expenses for each treatment. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed by the public entity and a claimant may be required to permit a public entity to inspect all appropriate records relating to his claim for liability and damages including, but not limited to, income tax returns, hospital records, medical records and employment records. The Attorney General is hereby authorized to issue rules and regulations on behalf of the State for the purpose of eliciting the types of information referred to in this section and for specifying any additional information which may be reasonably necessary for the administrative disposition of claims under this act. L.1972, c.45, s.59:8-6; amended 1994,c.49,s.3.

N.J. Stat. § 59:8-7 Place for presentation of claim

A claim for damage or injury arising under this act against the State shall be filed either with (1) the Attorney General or (2) the department or agency involved in the alleged wrongful act or omission. A claim for injury or damages arising under this act against a local public entity shall be filed with that entity. L.1972, c. 45, s. 59:8-7.

N.J. Stat. § 59:8-8 Time for presentation of claims.

59:8-8. Time for presentation of claims. A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if: a. The claimant failed to file the claim with the public entity within 90 days of accrual of the claim except as otherwise provided in N.J.S.59:8-9; or b. Two years have elapsed since the accrual of the claim; or c. The claimant or the claimant's authorized representative entered into a settlement agreement with respect to the claim. Nothing in this section shall prohibit a minor or a person who is mentally incapacitated from commencing an action under this act within the time limitations contained herein, after reaching majority or returning to mental capacity. amended 1994, c.49, s.4; 2013, c.103, s.133.

N.J. Stat. § 59:8-9 Notice of late claim

59:8-9. Notice of late claim. A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim. L.1972, c.45, s.59:8-9; amended 1994,c.49,s.5.

N.J. Stat. § 59:8-10 Presentation of claim

59:8-10. Presentation of claim. a. A claim shall be presented to the public entity by delivering it to or mailing it certified mail to the office of the Attorney General or the office of the State agency allegedly involved in the action. A claim may be presented to a local public entity by delivering it or mailing it certified mail to the entity. b. A claim or application shall be deemed to have been presented in compliance with this section even though it is not delivered or mailed as provided in this section if it is actually received at an office of the State or local public entity within the time prescribed for presentation thereof. c. Service of the notice required by this chapter upon the public entity shall constitute constructive service upon any employee of that entity. L.1972, c.45, s.59:8-10; amended 1994,c.49,s.6.

N.J. Stat. § 59:8-11 Time of presentation and receipt; proof of mailing

The claim shall be deemed to have been presented and received at the time of the deposit. Proof of mailing may be made in the manner prescribed by the Rules of Court. L.1972, c. 45, s. 59:8-11.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026