Notice of claim deadlines for injuries involving the government

When a government body causes an injury, the usual rules change. Before you can sue a town, a county, a public school system, a public transit agency or the State, the law requires you to serve a formal written notice of claim, usually within 90 days.

That notice deadline is far shorter than the ordinary deadline for filing a lawsuit. People who are focused on doctors, bills and recovery often do not learn about it until it has passed. This guide explains how the notice rules work in New Jersey and New York, including for NJ Transit, New York City Transit, the New York City Housing Authority (NYCHA) and the Port Authority of New York and New Jersey.

It is general information, not advice about your case. The right entity, the right form and the right deadline depend on the facts, so speak with a lawyer as early as possible.

Why government claims have their own rules

Governments can be sued for injuries only on the terms set by the legislature. In New Jersey those terms are in the Tort Claims Act. In New York they are spread across several laws, mainly the General Municipal Law and statutes written for specific authorities.

The notice of claim exists so the public body can investigate while the evidence is fresh and decide whether to settle. Courts treat these requirements seriously. A late or defective notice can bar the claim even when the government was clearly at fault.

Common situations include a crash with a town, county or state vehicle, a fall on a defective public sidewalk or in a public building, an injury on a public bus or train, and an injury at a public school. Our pages on bus and public transit accidents and premises liability cover those cases in more depth.

Deadlines at a glance

New Jersey Tort Claims Act notice

The Tort Claims Act covers every “public entity,” which includes the State and any county, municipality, district, public authority, public agency or other political subdivision or public body in New Jersey.¹ That reaches towns, counties, boards of education, state agencies and NJ Transit. No lawsuit may be brought against a public entity or public employee under the Act unless a claim was first presented as the Act requires.¹

What the notice must say

The notice must include the following.²

• The claimant’s name and post office address
• The address where notices about the claim should be sent
• The date, place and other circumstances of the incident
• A general description of the injury, damage or loss, as far as known
• The name of the public entity or employees who caused the injury, if known
• The amount claimed as of the date of the notice, including an estimate of future losses

Many entities have their own claim forms and can require more, such as physician reports, itemized medical bills, proof of lost income, and an examination by a physician employed by the entity.²

Where to file

A claim against the State goes to the Attorney General or to the state department or agency involved. A claim against a local public entity, like a town, county or school board, goes to that entity.³ The notice may be delivered by hand or sent by certified mail.³ The State’s risk management office now takes tort claims against the State through an online portal, and it directs claims involving an NJ Transit bus or train to NJ Transit itself.⁶

The 90 days, the six-month wait and the two-year limit

The notice is due no later than the 90th day after the claim accrues. You may then file suit after six months from the date the entity received the notice. Separately, the claim is barred if the lawsuit is not filed within two years after accrual.⁴

A claim generally accrues on the date of the accident. In Beauchamp v. Amedio, a driver was rear-ended by an NJ Transit bus and did not file a notice within 90 days because she was unsure whether her injuries would turn out to be permanent. The New Jersey Supreme Court held that the claim accrued on the day of the crash. Waiting to learn whether an injury is permanent does not delay the clock.⁵

Late notice in New Jersey

If the 90 days has passed, a judge may permit a late notice within one year after the claim accrued. You must file a motion supported by sworn statements, based on personal knowledge, showing extraordinary circumstances for the delay, and the public entity must not have been substantially prejudiced.⁴ In Beauchamp the Court did allow a late notice, because the claimant had acted diligently and had received confused legal advice stemming from conflicting court decisions, not because her injuries were uncertain.⁵ After the one-year limit runs, a court generally cannot permit a late notice. Special rules for minors, incapacity and delayed accrual can change the calculation, so do not assume a claim is over without legal review.

New York notice of claim under General Municipal Law § 50-e

When a New York city, county, town, village, fire district or school district may be responsible, a notice of claim must be served within 90 days after the claim arises.⁷

What the notice must say

The notice must be in writing and sworn to by or on behalf of the claimant. It must state the claimant’s name and post office address and the attorney’s, the nature of the claim, the time when, place where and manner in which the claim arose, and the items of damage or injuries claimed. A notice to a municipal corporation other than a city of one million or more people must not state the dollar amount, though the municipality may later request a supplemental statement of total damages.⁷

How it is served

The notice may be served in person or by registered or certified mail, and a city with over one million residents may also accept it electronically.⁷ The City of New York accepts notices through the Comptroller’s online eClaim system as well as in person and by mail.¹¹

The 50-h examination

After a notice of claim is served, the public entity may demand a 50-h examination under oath. The demand generally must be served within 90 days after the notice is filed, or within 100 days after service if the notice was served through the Secretary of State. A claimant generally must comply before suing. If the examination is not held within 90 days after the demand, suit may proceed only if the claimant has not failed to appear or requested a postponement beyond that period. If the claimant caused that delay, the examination must be completed before suit.⁹

Time to sue

You generally must wait at least 30 days after serving the notice before suing, or 40 days if the notice was served through the Secretary of State, and the claim must not have been paid or adjusted in that time. Any required 50-h examination must also be completed unless a statutory exception applies.⁹ The lawsuit must be filed within 1 year and 90 days after the event, or within two years after death in a wrongful death action.¹⁰

Late notice in New York

A court may extend the time to serve a notice of claim, but never beyond the deadline for suing.⁷ The most important factor is whether the public body, its lawyer or its insurer learned the essential facts of the claim within 90 days or a reasonable time after. Courts also look at whether the claimant was a child, was incapacitated or died, whether the claimant relied on settlement talks with the entity, whether there was a reasonable mistake about which public body was responsible, and whether the delay substantially prejudiced the defense.⁷

In Matter of Newcomb v. Middle Country Central School District, New York’s highest court explained how prejudice is decided. The claimant must first offer some evidence or a plausible argument that the delay did not substantially prejudice the entity. The entity must then respond with a particularized showing, based on evidence, that it was prejudiced. Speculation is not enough.⁸

New York City Transit, NYCHA and the State of New York

Claims against the New York City Transit Authority require a notice of claim that complies with § 50-e, a 30-day wait after the claim is presented, and a lawsuit within 1 year and 90 days, except in wrongful death cases.¹² Claims against NYCHA and other housing authorities follow the same pattern under the Public Housing Law.¹⁶

Claims against the State of New York, such as a crash with a state vehicle or a hazard on a state highway, generally go to the Court of Claims. For an ordinary negligence claim, within 90 days after accrual you must either file the claim in that court and serve the Attorney General, or serve a notice of intention on the Attorney General. A timely notice of intention generally gives you two years after accrual to file and serve the negligence claim. Wrongful-death claims use different dates, generally 90 days after appointment of the estate representative, subject to filing and service within two years after death.¹⁴¹⁵

The Port Authority of New York and New Jersey

The Port Authority runs bridges, tunnels, airports, bus terminals and the PATH system. Matching laws in both states allow it to be sued only if the lawsuit is filed within one year after the claim accrues, and only if a notice of claim was served on the Port Authority at least 60 days before the lawsuit begins.¹³

Practical steps if a public entity may be involved

1. Treat the 90th day after the accident as your deadline, and count from the date of the incident, not from when you learned how badly you were hurt.
2. Identify every public body that might be responsible. A road, a sidewalk, a bus and a traffic signal may each belong to a different entity.
3. Get the correct claim form for each entity, or confirm what the statute requires if none exists.
4. Describe the time, exact location and manner of the accident precisely. Photographs and measurements of the place help.
5. List every injury you know about and every category of loss. In New Jersey, state an amount that includes future losses.
6. In New York, have the notice sworn to before it is served.
7. Serve it by an approved method, such as certified mail, hand delivery or an approved online system, and keep proof of when and how it was served.
8. Calendar the follow-up dates, including the six-month wait in New Jersey, any 50-h examination in New York, and the lawsuit deadline.
9. If any deadline has already passed, talk to a lawyer about a late notice motion immediately. Every week of delay makes it harder.

For the ordinary lawsuit deadlines that apply when no public body is involved, see our guide to the statute of limitations in New Jersey and New York.