How Long Do You Have to File a Personal Injury Lawsuit in New Jersey?
Short answer: In most New Jersey personal injury cases, you have two years from the date of the injury to file a lawsuit (N.J.S.A. 2A:14-2). If you miss that deadline, the court will usually bar your claim permanently, no matter how strong it is. Some claims have different deadlines, including a 90-day notice requirement when a government entity is involved.
The two-year rule is simple to state, but the exceptions are where people lose their cases. This guide explains how the New Jersey statute of limitations for personal injury works, when the clock starts, and which situations change it.
Key Takeaways
Most NJ injury lawsuits must be filed within 2 years of the injury.
Claims against a town, county, state agency, school district, or NJ Transit need a written Notice of Claim within 90 days.
Wrongful death claims run 2 years from the date of death, not the date of the accident.
For an injured child, the clock usually does not start until age 18.
Talking with an insurance company does not stop the clock.
In This Guide
New Jersey Filing Deadlines at a Glance
The table below shows the general deadline for the most common types of claims in New Jersey.
Some of the different types of claims are:
General Deadline
Personal injury (car accidents, slip and falls, most other injuries)
2 years from the date of injury
Wrongful death
2 years from the date of death
Claim against a government entity (state, county, city, school district, NJ Transit)
Written Notice of Claim within 90 days; lawsuit generally within 2 years
Injured minor
Generally 2 years after turning 18 (usually until age 20)
Workers' compensation
Claim petition generally within 2 years of the accident or last payment
Vehicle or property damage
6 years from the date of the damage
These are general rules. Exceptions exist, and your own insurance policy may set separate deadlines, so confirm the deadline for your specific case as early as possible.
When Does the Two-Year Clock Start?
In most cases, the clock starts on the date you were injured. For a crash, that is the date of the accident. Your lawsuit must be filed in court before the two-year anniversary. If you were hurt in a crash, a New Jersey car accident lawyer can calculate your exact deadline and make sure nothing is missed.
Negotiating with an insurer does not stop the clock
Settlement talks do not pause or extend the statute of limitations. An insurance company can keep talking with you until the deadline passes, and then it has no reason to pay. Only filing a lawsuit protects your claim.
The discovery rule
If you could not reasonably have known that you were injured, or that someone else's fault caused the injury, the clock may start later, on the date you knew or should have known. This can come up in cases involving a defective or dangerous product whose harm was not obvious right away. Courts apply this rule narrowly, so do not count on it.
Situations That Change the Deadline
Claims against a government entity (90-day notice)
If a public entity caused your injury, such as a town that failed to repair a road or sidewalk, or a government vehicle that hit you, the New Jersey Tort Claims Act applies. You generally must serve a written Notice of Claim within 90 days of the incident (N.J.S.A. 59:8-8). In most cases you must then wait six months after serving the notice before filing suit, and the lawsuit generally must still be filed within two years.
A court may allow late notice only in extraordinary circumstances, and never later than one year after the incident. If you miss the 90-day window, you may lose your claim before you ever file a lawsuit. This rule often applies to people struck by a bus or hurt on public transit, which is why our NJ pedestrian and NJ Transit accident lawyer page explains the 90-day rule in detail. It can also apply to falls on dangerous public property, a type of premises liability claim.
Injured minors
For an injured child, the two-year period generally does not begin until the child turns 18, so a lawsuit can usually be filed until the child's 20th birthday. However, a parent's own claims, such as claims for the child's medical expenses, may follow the regular two-year deadline. Government claims involving a child can also have separate notice rules, so get advice early.
Legal incapacity
If an injured person is legally incapacitated, the deadline may be paused while the incapacity continues. This most often comes up after a traumatic brain injury or other catastrophic injury.
Wrongful death
A wrongful death lawsuit generally must be filed within two years of the date of death (N.J.S.A. 2A:31-3), not the date of the accident. Families dealing with a loss can speak with a New Jersey wrongful death lawyer about who may file and what damages may be available.
Workers' compensation
Work injuries follow a separate system with their own deadlines. You should tell your employer right away, and a claim petition generally must be filed within two years of the accident or the last compensation payment. A New Jersey workers' compensation lawyer can also check whether a separate third-party injury claim, with its own two-year deadline, is available.
Property damage
Claims for damage to a vehicle or other property generally have a longer, six-year deadline. That does not extend the two-year deadline for your injuries.
Your own insurance policy (UM/UIM claims)
Claims under your own auto policy, such as uninsured or underinsured motorist (UM/UIM) coverage, are governed by the policy's terms as well as the law. A lawsuit against your own insurer for UM/UIM benefits is often subject to New Jersey's six-year contract statute of limitations, but do not assume that rule automatically controls. New Jersey courts distinguish between the deadline to file suit and the separate time limits for arbitration, notice, and other policy requirements, and the answer can depend on the policy, the date of the accident, and the type of claim.
What Happens If You Miss the Deadline?
If you file after the deadline, the defendant can ask the court to dismiss the case, and the court will usually grant the request. At that point, the strength of your evidence and the severity of your injuries no longer matter. An insurance company is also unlikely to offer fair compensation on a claim it knows can no longer be filed in court.
Why You Should Not Wait Until the Deadline
Even though you have two years in most cases, waiting can weaken your case:
Evidence disappears. Surveillance video is overwritten, vehicles are repaired, and accident scenes change. In commercial vehicle crashes, driver logs and electronic data may be kept only for a limited time, which is why a truck accident lawyer acts quickly to preserve them.
Witnesses forget. Memories fade and people move away.
Medical records matter. Prompt treatment and clear documentation connect your injuries to the accident.
Preparation takes time. Investigating, gathering records, and negotiating before filing suit can take many months.
How to Protect Your Claim
Get medical care promptly and follow your treatment plan.
Write down the date of the incident and keep every record related to it.
Identify who was involved. If a government entity may be responsible, act within 90 days.
Be careful with insurers. Do not give a recorded statement to the other side's insurer or sign a release before speaking with a lawyer.
Talk to a personal injury lawyer early, while evidence is fresh and every deadline is still open.
After a crash, our step-by-step NJ car accident checklist shows exactly what to do at the scene and in the days that follow. If you were hurt in a fall at a store, on a sidewalk, or at an apartment complex, see our NJ slip and fall injury lawyer page.
Frequently Asked Questions
What is the statute of limitations for personal injury in New Jersey?
In most cases, it is two years from the date of the injury under N.J.S.A. 2A:14-2. If you do not file within that time, the court will usually dismiss your case and you lose the right to seek compensation.
Does the two-year deadline always start on the date of the accident?
Usually, yes. In limited situations, the discovery rule may delay the start date until you knew or should have known that you were injured and that someone else may be at fault. Courts apply the rule narrowly, so it is safest to assume the clock started on the date of the injury.
Does negotiating with the insurance company stop the deadline?
No. Settlement talks do not pause or extend the statute of limitations. Only filing a lawsuit in court within the deadline preserves your claim, so do not rely on an insurer's promises to keep negotiating.
What is the deadline to sue a government entity in New Jersey?
Claims against a state agency, county, municipality, school district, or public transit agency generally require a written Notice of Claim within 90 days of the incident. A lawsuit can follow, generally within two years. Late notice is allowed only in extraordinary circumstances and never later than one year after the incident.
How long does a child have to file a personal injury claim in New Jersey?
The two-year deadline for an injured minor generally does not begin until the child turns 18, so the claim can usually be filed until age 20. Parents' own claims, such as for the child's medical expenses, may be subject to the regular two-year deadline.
How long do you have to file a wrongful death lawsuit in New Jersey?
A wrongful death lawsuit generally must be filed within two years of the date of the person's death, rather than the date of the accident that caused it.
What if I miss the statute of limitations?
The defendant can ask the court to dismiss your case, and the court will usually agree. Only a few narrow exceptions apply, so speak with a lawyer as soon as you can about whether any of them fit your situation.
How much does it cost to hire a lawyer to check my deadline?
Nothing upfront. Barreto Law Firm offers a free case review and handles injury cases on a contingency basis. Learn more about how personal injury lawyer fees work in NJ.
Speak With a New Jersey Personal Injury Lawyer Today
If you were injured, the safest time to get legal advice is now, while every deadline is still open. Barreto Law Firm is a New Jersey personal injury lawyer offering free consultations, and we handle injury cases on a no fee unless you win basis.
Call 862-418-3389, email info@barretolawfirm.com, contact our Rockaway office, or request your free consultation online. Sí, hablamos español.
About the author: Elizabeth Barreto is the founder and managing attorney of Barreto Law Firm, a Rockaway personal injury law firm in Morris County, New Jersey. She is a plaintiff's personal injury attorney licensed in New Jersey, New York, and Pennsylvania, with extensive experience in New Jersey state and federal courts.
Attorney Advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and exceptions depend on the facts of each case, and the law may change. Prior results do not guarantee a similar outcome.