In cases involving personal injury claims against the Port Authority of New York and New Jersey (Port Authority), the statute of limitations is shorter than with a case involving private parties or even other governmental agencies, such as the state or municipalities. A case against the Port Authority must be brought within one year or you will lose your right to file a personal injury claim. In addition, to add to this extra procedural hurdle, a notice of claim has to be filed 60 days prior to filing suit. The relevant statute in New Jersey, N.J.S.A. 32:1-163 provides:
"The foregoing consent is granted upon the condition that any suit, action or proceeding prosecuted or maintained under this act shall be commenced within one year after the cause of action therefor shall have accrued, and upon the further condition that in the case of any suit, action or proceeding for the recovery or payment of money, prosecuted or maintained under this act, a notice of claim shall have been served upon the Port Authority by or on behalf of the plaintiff or plaintiffs at least sixty days before such suit, action or proceeding is commenced. The provisions of this section shall not apply to claims arising out of provisions of any workmen's compensation law of either State."
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Personal Injury Claims Against Port Authority Must Be Filed Within One Year
The Port Authority is a bi-state agency created by a compact between New Jersey and New York with the United States Congress' approval. The Port Authority controls most of the major transportation hubs in New Jersey and New York, such as the Lincoln Tunnel, Holland Tunnel, George Washington Bridge, Newark Airport, John F. Kennedy Airport and other major airports. To be sure, many personal injury claims arise out of the negligence of the Port Authority in these heavily congested areas where construction is constantly in process.
Courts have strictly held that this time and claim limitation and will prevent a late filer from bringing a suit. If you have a personal injury claim against the Port Authority, this notice of claim requirement and shortened statute of limitation must be complied with or your claim will be barred. If you believe you have a personal injury claim against the Port Authority, contact an attorney in one of our New Jersey offices.