The Strict 90 Day Deadline for Claims Against the Borough

If you are injured on public property or by a government employee, you might assume you have plenty of time to consider your options. In many personal injury cases, New Jersey law gives you two years to file a lawsuit. However, when your claim is against a government entity, a completely different and much stricter set of rules applies. You have just 90 days from the date of your injury to formally notify the government of your intent to file a claim.

This short window is a procedural trap that can permanently bar you from seeking compensation if you miss it. This deadline is critical to protecting your rights after an accident involving a public body, and makes the prospect of suing the Borough of Fairview or any other municipality a time-sensitive matter.

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Key Takeaways about the Strict 90-Day Deadline for Claims Against the Borough

Individuals seeking to file a claim against a New Jersey public entity, like the Borough of Fairview, must file a formal Notice of Claim within 90 days of the injury.
This requirement is part of the New Jersey Tort Claims Act (Title 59), which outlines the specific rules for holding government bodies accountable for negligence.
The 90-day deadline is a significant exception to the standard two-year statute of limitations for most other personal injury cases in the state.
Failing to file the Notice of Claim on time can result in the permanent loss of the right to sue and recover damages for an injury.
The Notice of Claim is a detailed legal document that must include specific information about the claimant, the incident, and the injuries sustained.
While there are very limited exceptions for filing a late notice, the legal standard is high, and permission is rarely granted.

Why is Suing a Government Body Different? Understanding Sovereign Immunity

To understand why this 90-day rule exists, we have to look at a legal concept called “sovereign immunity.” Historically, this principle meant that you could not sue the government or the “sovereign” (like a king) without its permission. While this concept has evolved, a modern version of it still exists to protect public entities and taxpayers from a flood of lawsuits.

In New Jersey, the law that governs this area is the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.). This act essentially waives sovereign immunity in certain situations, meaning it gives citizens permission to sue the government for negligence. However, this permission comes with strict conditions.

The Tort Claims Act sets forth a precise set of rules that you must follow perfectly. The most important of these rules is the requirement to provide a formal, timely notice of your claim.

The New Jersey Tort Claims Act: Your Path to Filing a Claim

The Tort Claims Act balances the public’s right to seek justice with the government’s need to function effectively. The law recognizes that public entities are responsible for vast amounts of property, from roads and parks to schools and municipal buildings. The notice requirement is designed to give the government a fair chance to investigate the claim while the evidence is still fresh, evaluate its potential liability, and potentially settle the matter before a lawsuit is ever filed.

This process begins and often ends with one crucial document: the Notice of Claim. This isn’t just a simple letter or a phone call; it is a formal legal document with specific requirements.

What Is a Notice of Claim?

An NJ Title 59 notice of claim is your official notification to the public entity that you were injured and intend to hold them responsible. According to the statute, this document must be in writing and contain specific pieces of information to be considered valid.

Claimant’s Information: Your full name and address at the time of the incident and at the time of filing the notice.
Incident Details: The precise date, place, and a detailed description of what happened to cause your injury or damages.
Injury Description: A general description of the injury, damage, or loss you suffered as a result of the incident.
Involved Parties: The name or names of the public entity or employees you believe are responsible for your injuries, if you know them.
Damage Amount: The amount you are claiming in damages, if you have calculated it at the time of the notice.

This document must be completed accurately and delivered to the correct government office. An incomplete or improperly filed notice could be rejected, jeopardizing your entire case.

The 90-Day Clock: A Procedural Trap for the Unwary

The most challenging part of the Tort Claims Act for injured individuals is the 90-day deadline. From the moment an accident occurs, a clock starts ticking. You have exactly 90 days to prepare and file your formal Notice of Claim.

This is a stark contrast to the timeline for an injury caused by a private citizen or company. If you were in a car accident with another driver, for example, you generally have two years to file a lawsuit. This difference is what makes claims involving municipal liability in Bergen County or any other county in New Jersey so tricky.

Many people are simply unaware of this special rule and assume they have more time. By the time they realize their mistake, the 90-day window has closed, and their right to seek compensation may be gone forever.

Consider these common scenarios:

You are walking on a cracked and uneven public sidewalk near your home in Fairview and fall, breaking your wrist.
Your child is injured on rusty, broken equipment at a borough-maintained public park.
A municipal sanitation truck runs a red light on Anderson Avenue and crashes into your car, causing serious injuries.

In all of these situations, the 90-day rule applies. This deadline creates an urgency to act quickly to preserve your legal rights.

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What Happens if You Miss the 90-Day Deadline for Suing the Borough of Fairview?

The consequences of missing this deadline are severe. In most cases, if you fail to file a Notice of Claim within 90 days, you lose your right to bring a claim. The law does allow for a small exception, but it is extremely difficult to qualify for it. You can petition a court for permission to file a late notice, but you must meet a very high standard.

Strict Time Limit: Your request to the court must be made within one year of the date of your injury. After one year, there are no exceptions.
Extraordinary Circumstances: You must prove to the judge that “extraordinary circumstances” prevented you from filing on time. Ignorance of the law is generally not considered an extraordinary circumstance. This standard typically applies to situations where a person was physically or mentally incapacitated for the entire 90-day period.
No Substantial Prejudice: You must also show that the public entity will not be “substantially prejudiced” by your late filing. This means showing that the delay has not harmed their ability to investigate the incident and defend against the claim.

Courts interpret the “extraordinary circumstances” requirement very narrowly. This makes relying on this exception a significant gamble that is best avoided by acting quickly from the start.

Common Scenarios Involving Municipal Liability in Bergen County

The 90-day notice rule applies to a wide range of incidents that can happen in everyday life. It is crucial for residents of Fairview, Fort Lee, Hackensack, and the surrounding communities to recognize when a claim might involve a public entity.

Some of the most frequent types of cases that fall under the Tort Claims Act include:

Dangerous Conditions on Public Property: This covers slip and fall accidents on public sidewalks, in government buildings like a borough hall or library, or at public recreational facilities such as parks and swimming pools.
Accidents with Municipal Vehicles: Collisions caused by the negligence of drivers operating police cars, fire trucks, sanitation trucks, public works vehicles, or public school buses.
Poorly Maintained Roads: Injuries resulting from dangerous road conditions that the municipality was responsible for maintaining, such as large potholes, malfunctioning traffic signals, or missing stop signs. For more information on traffic safety, the New Jersey Department of Transportation provides resources and data on road safety initiatives.
Negligence of Public Employees: Any injury caused by the careless or wrongful act of a government employee performing their job duties.

Recognizing that your injury might fall into one of these categories is the first step toward understanding the urgency required to protect your claim.

The Importance of Immediate Action After an Injury on Public Property

Because the 90-day clock starts immediately, you cannot afford to wait. The steps you take in the days and weeks following an injury on public property can have a major impact on your ability to file a successful claim. After seeking necessary medical attention, it is important to begin preserving evidence and information related to your case.

Here are some important actions to consider:

Document Everything: Take clear photos or videos of the accident scene, the hazardous condition that caused your injury, and your injuries themselves.
Identify Witnesses: If anyone saw what happened, get their names and contact information. Their account of the events could be very helpful.
Keep Records: Save all medical records, bills, receipts for out-of-pocket expenses, and any documentation of lost wages from being unable to work.
Consult an Attorney: Speaking with a personal injury lawyer who has experience with the New Jersey Tort Claims Act as soon as possible is critical. A legal professional can help you understand the Tort Claims Act notice requirement, ensure your Notice of Claim is filled out correctly and completely, and file it with the proper entity before the deadline expires.

This proactive approach ensures that you do not fall into the procedural trap of the 90-day deadline and that you are in the best possible position to move forward with your claim.

FAQs for Suing the Borough of Fairview

Here are answers to some common questions about filing a claim against a public entity in New Jersey.

Does the 90-day notice rule apply to injuries involving a public school in Fairview?

Yes. Public school districts are considered public entities under the New Jersey Tort Claims Act. Therefore, if you or your child is injured due to negligence at a public school or during a school-sponsored activity, you must file a Notice of Claim within 90 days.

What if I didn’t realize the severity of my injury until after 90 days had passed?

This can be a complex situation. New Jersey’s “discovery rule” can sometimes delay the start of a statute of limitations until a person reasonably discovers their injury. However, applying this to the 90-day notice period is very difficult and depends heavily on the specific facts. This is a scenario where seeking immediate legal guidance is essential to see if any sovereign immunity exceptions might apply.

Is filing a Notice of Claim the same as filing a lawsuit?

No, they are two separate steps. The Notice of Claim is a mandatory prerequisite. You must file it first. After you file the notice, the public entity has a period of time (typically six months) to investigate your claim. You cannot file an actual lawsuit until that period has passed. The notice preserves your right to file the lawsuit later.

Does this 90-day rule apply if I was injured by a state or county vehicle, not a Fairview borough vehicle?

Yes. The New Jersey Tort Claims Act applies to all public entities within the state. This includes the State of New Jersey itself, counties like Bergen County, municipalities like the Borough of Fairview, and other public bodies like the New Jersey Turnpike Authority. You must serve your Notice of Claim on the specific public entity responsible for your injury.

If the borough denies my claim after I file the notice, what is the next step?

Once you have properly filed a Notice of Claim and the six-month investigation period has passed, you have the right to file a formal lawsuit in court if your claim has been denied or has not been settled. You must still file this lawsuit within the original two-year statute of limitations from the date of the accident.

Discuss Your Case with a New Jersey Personal Injury Attorney

The rules for filing a claim against a government entity are complex and unforgiving. The 90-day deadline is a strict requirement that can prevent deserving individuals from receiving the compensation they need to recover. If you have been injured in an accident involving a public entity, you do not have to face this difficult process by yourself.

At Maggiano, DiGirolamo & Lizzi, P.C., our team has a deep understanding of the New Jersey Tort Claims Act and the procedures for pursuing claims against municipalities in Bergen County and across the state. We represent the person next door who has been harmed due to someone else’s negligence. We are here to help you meet every deadline and build a strong case for the compensation you deserve. We serve clients from our offices in Fort Lee and Hackensack, and we work on a contingent fee basis, which means we do not get paid unless we secure a recovery for you.

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