New Jersey Statutes

N.J. Stat. § 59:8-8 (2026)

Time for presentation of claims

✓ current as of May 2026

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59:8-8. Time for presentation of claims. A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:

a. The claimant failed to file the claim with the public entity within 90 days of accrual of the claim except as otherwise provided in N.J.S.59:8-9; or

b. Two years have elapsed since the accrual of the claim; or

c. The claimant or the claimant's authorized representative entered into a settlement agreement with respect to the claim.

Nothing in this section shall prohibit a minor or a person who is mentally incapacitated from commencing an action under this act within the time limitations contained herein, after reaching majority or returning to mental capacity.

Notes of Decisions

Cited in 335 cases (141 in the last 5 years), 1974–2026 · leading case: O'Donnell v. N.J. Tpk. Auth., 199 A.3d 786 (N.J. 2019).

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O'Donnell v. N.J. Tpk. Auth., 199 A.3d 786 (N.J. 2019). · cites it 12× “59:8-9 to permit the untimely filing of a notice of claim when: (1) the claimant pursues her claims against a public entity in good faith within ninety days of the accident and identifies the proper entity in her notice of claim, but serves the wrong public entity; (2) a…”

Est. of Adriano Roman, Jr. v. City of Newark, 914 F.3d 789 (3rd Cir. 2019). · cites it 4× “” See N.J. Stat. Ann. § 59:8-8 (b). The two-year mark is measured from the day the claim accrues (i.”

Lamb v. Global Landfill Reclaiming, 543 A.2d 443 (N.J. 1988). · cites it 16× “Section 59:8-9 permits a late notice of claim to be filed within one year of the accrual of a cause of action against a public entity, provided that the public entity is not prejudiced thereby and provided that the motion for such *141 relief is based on affidavits showing…”

D.D. v. Univ. of Med. & Dentistry, 61 A.3d 906 (N.J. 2013). · cites it 6× “Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim…”

Noble v. City of Camden, 112 F. Supp. 3d 208 (D.N.J. 2015). · cites it 7× “N.J.S.A. 59:8-8. The City of Camden seeks dismissal of the Monell claims, arguing that there is no evidence of a policy or custom of using excessive force, nor any evidence of improper training or supervision.”

Rolax v. Whitman, 175 F. Supp. 2d 720 (D.N.J. 2001). · cites it 12× “N.J.S.A. § 59:8-8. 3 Count Four of Rolax’s complaint alleges a violation of the New Jersey Law Against Discrimination.”

McDade v. Siazon, 32 A.3d 1122 (N.J. 2011). · cites it 5× “Under N.J.S.A. 59:8-8, a claimant must file a notice of claim upon a public entity or public employee “not later than the ninetieth day after accrual of the cause of action.”

J.P. v. Gregory J. Smith, 134 A.3d 977 (N.J. Super. Ct. App. Div. 2016). · cites it 4× “N.J.S.A. 59:8-8. She further argued that the statute of limitations was tolled by the discovery doctrine, and that the duress imposed upon her delayed her discovery of the sexual abuse and the common law claims.”

Ginamarie Gomes v. the Cnty. of Monmouth & Correct, 134 A.3d 33 (N.J. Super. Ct. App. Div. 2016). · cites it 6× “In his written statement of reasons, the judge ruled that plaintiff's lawsuit 6 A-1679-14T4 against CCS was barred under the TCA because she had not served a tort claims notice upon the contractor within the ninety-day period set forth in N.J.S.A. 59:8-8. The judge determined…”

Tripo v. Robert Wood Johnson Med. Ctr., 845 F. Supp. 2d 621 (D.N.J. 2012). · cites it 13× “Thereafter, on August 5, 2011, Defendants filed the instant Motion for Summary Judgment requesting dismissal of the Complaint for Plaintiffs failure to serve a timely notice of claim pursuant to N.J.S.A. § 59:8-8. On August 9, 2011, Plaintiff filed a Notice of Claim with the…”

Michaels v. State of NJ, 955 F. Supp. 315 (D.N.J. 1996). · cites it 7× “Statute of Limitations, N.J.S.A. 59:8-8 (b) Michaels contends, erroneously, that her state law claims, with the exception of her malicious prosecution claim, are subject to New Jersey’s two-year statute of limitations for personal injuries, N.”

Geissler v. City of Atl. City, 198 F. Supp. 3d 389 (D.N.J. 2016). · cites it 5× “The Act requires notice of a claim of injury against a public entity to be presented within ninety days of the accrual of the cause of action.”

Show all 335 citing cases →

— N.J. Stat. § 59:8-8(a) — 50 cases

Michaels v. State of NJ, 955 F. Supp. 315 (D.N.J. 1996). “Statute of Limitations, N.J.S.A. 59:8-8 (b) Michaels contends, erroneously, that her state law claims, with the exception of her malicious prosecution claim, are subject to New Jersey’s two-year statute of limitations for personal injuries, N.”

May v. Borough of Pine Hill, 755 F. Supp. 2d 623 (D.N.J. 2010).

Richard Caporusso v. New Jersey Dep't of Health & Senior Servs., 82 A.3d 290 (N.J. Super. Ct. App. Div. 2014).

Brian Beyer v. Sea Bright Borough & Sea Bright Police Dep't, 114 A.3d 380 (N.J. Super. Ct. App. Div. 2015).

Robert Melber v. United States, 527 F. App'x 183 (3rd Cir. 2013).

— N.J. Stat. § 59:8-8(b) — 11 cases

Sinclair v. Dunagan, 905 F. Supp. 208 (D.N.J. 1995).

Jamar Demby Vs. State of New Jersey (l-1615-19, Mercer Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).

Khan v. City of Bayonne (D.N.J. 2021).

Timothy Scruggs v. Nj Transit Corp. (N.J. Super. Ct. App. Div. 2026).

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