By: R. Scott Fahrney, December 15, 2025
If you’re injured because of something a town, county, school, or other government agency did (or failed to do), your case does not follow the same rules as a typical car accident or slip-and-fall against a private business.
New Jersey’s Tort Claims Act (“TCA”) is its own playbook, with extra deadlines, notice requirements, and powerful immunities that can end a case before it starts.
At-a-Glance: The Biggest Mistakes People Make
What the New Jersey Tort Claims Act Is
In simple terms, the TCA says:
Public entities can be sued for certain types of negligence, but only if you follow strict procedures and only in limited situations.
“Public entities” include almost any government entity, department, or arm, such as: towns and cities, counties, school boards, state agencies and authorities, and many local boards (parking, housing, utilities, etc.). If your claim involves any of these, you are almost certainly in TCA territory.
The 90-Day Notice Trap: The Notice of Claim Requirement
New Jersey personal injury cases generally have a two-year statute of limitations. What many don’t realize is that claims against public entities have an extra 90-day step on the front end.
In most TCA cases, you must:
Miss the 90-day notice in many situations, and your claim can be forever barred, even if you file a lawsuit within two years.
Furthermore, a proper notice of claim typically needs to include your name and address; the date, place, and circumstances of the incident; a description of your injury; the names of public employees involved, if known; and the amount of damages claimed, as best you can estimate.
Courts take these requirements seriously. Letters that look more like complaints or negotiations sometimes do not count as notice if they don’t contain the required “core information.” Further, telling a clerk, police officer, or school employee about the accident is not the same as filing a proper Tort Claims Notice with the correct entity and address. In limited situations, the TCA allows a judge to give permission to file a late notice of claim but only in “extraordinary circumstances” which is a very high bar. Simply not knowing the law or “hoping it would get better” usually is not enough.
Why Suing a Town Is Different from Suing a Private Company
There are other practical differences between suing a town under the New Jersey Tort Claims Act and suing a private company or individual, beyond the 90-day notice requirement.
Public entities start with broad statutory immunities, so plaintiffs often face higher legal thresholds than they would in an ordinary negligence case against a private defendant, where the standards are generally lower and easier to meet.
Those hurdles show up most clearly in public-property cases. If you’re hurt on something like a sidewalk, park, or public building, you usually have to prove not just that the condition was dangerous, but that the town knew or should have known about it and failed to address it in a way that was “palpably unreasonable,” which is a tougher standard than regular negligence. And even when liability is established, the TCA can limit certain categories of damages, such as barring punitive damages in many situations, where a private defendant could be exposed to a broader range of recovery.
What To Do If You Think a New Jersey Public Entity Injured You
If you were hurt on public property or by a government vehicle, agency, or employee, consider taking these steps quickly:
How We Help
At Semeraro & Fahrney, LLC, we regularly deal with the New Jersey Tort Claims Act from both sides: defending towns, boards, and public officials, and advising individuals who believe a public entity caused their injuries.
Because we understand how public entities think about risk, notice, and immunity, we can:
If you’ve been injured and think a New Jersey public entity may be responsible, do not wait for the 90 days to run out.
Anyone with questions should feel free to reach out to any of our qualified Personal Injury attorneys at Semeraro & Fahrney, LLC for guidance and a confidential consultation.
Request a free consultation today:
Email: info@semerarolaw.com
Phone: (973) 988-5070
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Attorney Advertising. For informational purposes only; not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Written by Semeraro & Fahrney, LLC, Wayne, New Jersey. Last updated November 2025.
