What Should I Know about Notice of Claim?
There are certain types of actions in New Jersey involving towns, counties, the state, boards of education, and the state police, where before you have a right to file a lawsuit. Under these circumstances, you have to file a Notice of Claim under what we call the Tort Claims Act. In New Jersey, that requires a claim be filed generally within 90 days of the date of the accident and sometimes that could be extended to a year, but the courts are very, very, slow in granting the extended period of time. So, usually, I have to tell you to file that claim within 90 days. Now, it has to be done in a very specific way and you should have an attorney do it for you. It’s governed by statute. It has to be done by certified mail and contain certain information. But if you don’t do it, you have essentially given up your case.