Notice of Claim: Notifying the Township Before Filing
When someone is injured due to the negligence or wrongdoing of a government agency or employee—such as a township’s public works crew, police department, or local maintenance staff—there’s a unique legal process that must be followed before a lawsuit can be filed. That process begins with something called a Notice of Claim.
In New Jersey, the Tort Claims Act (N.J.S.A. 59:1-1 et seq.) governs the procedure for filing claims against public entities. This law requires that, before initiating any lawsuit against a township, borough, or city, a claimant must first notify the municipality through a formal document known as a Notice of Claim.
Failure to adhere to this critical step may forever bar the injured party from seeking compensation in court.
At The Law Offices of Gold, Albanese & Barletti, LLC, we help clients in Morristown, New Jersey, and the surrounding areas with every step of the Notice of Claim process. Below, we’ll go over what a Notice of Claim is, why it’s required, what it must include, how and when to file it, and common pitfalls that can derail an otherwise valid claim.
What Is a Notice of Claim?
A Notice of Claim is a written statement that must be filed by a claimant to inform a public entity—like a township in New Jersey—of their intent to pursue a legal claim for damages.
This notice isn’t the same as a lawsuit; rather, it’s a mandatory preliminary step. It’s essentially a formal alert that allows the public entity time to investigate the matter, consider settlement options, and prepare a defense, if necessary.
Townships are considered public entities, and thus are afforded certain immunities and protections under New Jersey law. One of those protections is the right to be notified of potential claims within a strict timeframe—typically 90 days from the date of the incident.
New Jersey Tort Claims Act
The New Jersey Tort Claims Act (TCA) governs claims against all public entities in the state, including municipalities, counties, school boards, and state agencies. Specifically, N.J.S.A. 59:8-3 through 59:8-11 outlines the requirements for providing notice.
According to N.J.S.A. 59:8-8, a claimant must:
File a Notice of Claim within 90 days of the date the claim arises (usually the date of injury).
Wait at least six months after filing the claim before filing a lawsuit.
File the lawsuit within two years of the date of the underlying incident.
If these deadlines are missed, the claim may be forever barred, unless the claimant successfully petitions the court for permission to file a late notice—a remedy granted only in limited and exceptional circumstances.
Why Advance Notice Is Required
New Jersey's lawmakers included the Notice of Claim requirement to strike a balance between protecting public funds and enabling legitimate claims to be pursued. The notice requirement serves several key purposes:
Allows early investigation: Townships can look into the facts while they’re still fresh and before evidence disappears.
Enables budgeting for potential liability: Municipalities can assess financial exposure and plan accordingly.
Encourages pre-litigation resolution: There may be an opportunity for the township to settle a valid claim without the need for expensive and time-consuming litigation.
Prevents surprise lawsuits: With advance notice, public entities aren’t blindsided by claims long after the alleged incident.
Ultimately, this process protects both the public interest and the integrity of the legal system. By requiring early notification, the law aims to reduce unnecessary litigation and promote accountability in municipal operations.
What Must a Notice of Claim Include?
The law is very specific about what information must be included in a valid Notice of Claim. According to N.J.S.A. 59:8-4, the notice must be in writing and include the following:
The name and post office address of the claimant;
The post office address to which the person presenting the claim desires notices to be sent;
The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim;
A general description of the injury, damage, or loss incurred;
The name(s) of the public entity or employees responsible, if known;
The amount claimed as of the date of the notice, including a breakdown of damages;
A statement of the extent of any ongoing or future losses.
Here's a quick checklist to help make sure your Notice of Claim is complete:
Full name and address of claimant
Detailed description of how, when, and where the injury occurred
Nature and extent of injuries or damages
Estimate of monetary loss or damages
Name of township or specific public employees (if known)
Signature and date
While the law doesn’t require a specific form, many townships have their own forms available on their municipal websites. Even when using such forms, it's vital to confirm they include all the statutory elements.
Where and How to File the Notice
The Notice of Claim must be served upon the correct party—typically the municipal clerk, township administrator, or the entity’s legal department. Service can be made in person or by certified mail, return receipt requested.
For example, if you were injured due to a defective sidewalk in the Township of Maplewood, you’d file the Notice of Claim with the Maplewood Township Clerk’s Office.
It’s critically important to serve the correct public entity. If you serve the wrong one—say, you sue the county when it was really the city’s sidewalk—you could lose your right to sue. If more than one public entity may be responsible, it’s safer to serve all potentially liable entities.
Late Notice Applications
There are instances when a person fails to file a Notice of Claim within the 90-day window. New Jersey law does allow for the possibility of a late filing, but this is granted sparingly.
Under N.J.S.A. 59:8-9, a claimant may file a motion with the court requesting permission to file a late notice. The court may grant the request within one year of the incident if the delay was due to:
Extraordinary circumstances;
The public entity wouldn’t be prejudiced by the delay.
However, once more than one year has passed, the right to file is typically lost entirely. Courts construe the “extraordinary circumstances” requirement strictly, and mere ignorance of the law or unawareness of the 90-day deadline isn’t enough.
Common Scenarios That Require a Notice of Claim
To better understand how the process works in practice, here are a few common situations where a Notice of Claim is required:
Slip and fall on municipal property: If you trip on an uneven sidewalk outside a township-owned building.
Auto accident involving a municipal vehicle: A public works truck rear-ends your car.
Injury at a public park: A child is injured on broken playground equipment.
Police misconduct or excessive force: Injuries resulting from allegedly improper police conduct.
Sewer or drainage malfunctions: Flooding caused by poor municipal maintenance.
These scenarios often arise quickly and unexpectedly, making it critical to act fast. Even when the facts seem straightforward, identifying the correct public entity and documenting the incident thoroughly can make or break your claim.
Pitfalls That Can Derail Your Claim
Even strong cases can be undermined by procedural missteps. Here are some common mistakes to avoid:
Missing the 90-day deadline: Courts are strict about this. Always mark the date of incident and act promptly.
Incomplete information: Omitting required details can invalidate the notice.
Wrong entity: Failing to serve the correct township or mistakenly serving a related—but not responsible—agency.
Failure to use certified mail: You need proof of delivery to protect your claim.
Ignoring the six-month waiting period: You must allow the township time to investigate before filing a lawsuit.
These missteps can easily occur without proper legal guidance. By consulting an experienced personal injury attorney early on in the process, you can make sure your claim is properly preserved and avoid jeopardizing your right to recovery.
Contact Us Today
If you’ve been injured in an incident involving a township, don’t delay. At The Law Offices of Gold, Albanese & Barletti, LLC, we’re here to help you evaluate your case, file a proper Notice of Claim, and chart a clear legal path forward. We serve clients throughout New Jersey, as well as New York and Boston, Massachusetts. Reach out today to schedule a consultation.