Tort Claims Lawyer New Jersey — What Are Your Rights Against the Government?
A tort claim in New Jersey is a civil lawsuit for a civil wrong, often against a government entity like a city or state agency. The New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.) sets strict rules for these claims.
Understanding the New Jersey Tort Claims Act
In New Jersey, a tort claim is a civil lawsuit seeking damages for a civil wrong, such as personal injury or property damage, caused by another party’s negligence or intentional act. When the defendant is a public entity—like a state agency, county, municipality, or public employee—the claim is governed by the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.). This law provides the framework for suing the government, but it also includes significant immunities and procedural hurdles not found in cases against private parties.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the full text of the law, review the New Jersey Tort Claims Act (N.J.S.A. 59:1-1) on the official state legislature website. You can also find procedural rules and forms through the New Jersey Courts website.
The Procedural Edge in a New Jersey Tort Claim
Successfully pursuing a claim under the New Jersey Tort Claims Act requires strict adherence to procedural rules that differ from standard personal injury lawsuits. The most critical step is filing a formal Notice of Claim with the correct public entity. This notice must be filed within 90 days of the incident and contain specific details about the claim. Missing this deadline typically bars your claim forever.
- Immediate Documentation: Gather all evidence—photos, witness information, medical records—immediately after the incident.
- Identify the Correct Entity: Determine the exact government agency (e.g., NJDOT, a specific county, or town) responsible.
- Draft and File the Notice of Claim: Prepare a detailed Notice of Claim that complies with N.J.S.A. 59:8-4 and serve it on the entity within 90 days.
- Await the Response: The entity has six months to investigate and respond. You cannot file a lawsuit until this period passes or the claim is denied.
- File the Lawsuit: If the claim is denied or not resolved, you must file your lawsuit in New Jersey Superior Court within two years of the incident.
Potential Claims and Challenges
In New Jersey, a tort claim against a public entity can involve injuries from dangerous road conditions, accidents with government vehicles, negligence in public buildings, or misconduct by public employees.
| Type of Claim | Common Scenario | Key Government Defense |
|---|---|---|
| Dangerous Public Property | Slip and fall on icy public stairs; pothole causing a car accident. | Immunity for discretionary planning decisions or lack of actual notice of the condition. |
| Negligent Public Employee | Car accident caused by a municipal sanitation truck driver. | Whether the employee was acting within the scope of employment. |
| Injury by Police/EMS | Injury during an arrest or emergency response. | Immunity for actions involving enforcement of laws or execution of emergency duties. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Civil Wrong Lawsuit
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to civil litigation. We understand that a civil wrong lawsuit lawyer New Jersey must be adept at overcoming the unique procedural and substantive defenses raised by public entities under the Tort Claims Act. Our approach is grounded in thorough investigation and precise compliance with statutory deadlines.
Case Results in Civil Litigation
Our attorneys have handled a wide range of civil litigation matters. While every case is unique, our firm-wide track record includes over 4,739 case results with a favorable outcome rate exceeding 93%+ across our practice areas in VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
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Frequently Asked Questions: New Jersey Tort Claims
What is the deadline to file a tort claim against a New Jersey government agency?
Yes, there is a strict deadline. You must file a formal Notice of Claim with the correct public entity within 90 days of the incident that caused your injury. This is a mandatory step before you can file any lawsuit.
Can I sue a New Jersey police officer for injuries during an arrest?
It depends. The Tort Claims Act provides immunities to public employees acting in the execution of law enforcement. A successful claim typically requires showing the officer acted with willful misconduct, outside the scope of employment, or in a manner that is not protected by immunity.
What damages can I recover in a New Jersey tort claim?
You may recover compensation for medical expenses, lost wages, pain and suffering, and property damage. However, the Act caps certain damages, and punitive damages are generally not recoverable against a public entity.
What if my claim is denied by the government agency?
If your Notice of Claim is denied, or if six months pass without a resolution, you have the right to file a lawsuit in New Jersey Superior Court. You must file this lawsuit within two years of the date of the incident.
Do I need a lawyer for a tort claim in New Jersey?
It is highly advisable. The procedural rules are demanding and strictly enforced. Missing a deadline or failing to properly draft the Notice of Claim can permanently bar your case. A Tort Claims lawyer New Jersey can ensure all requirements are met.