NJ Statute of Limitations for Personal Injury: What Is Your Deadline?
Most New Jersey personal injury lawsuits must be filed within 2 years. Some claims have a much shorter deadline.
Short answer: In New Jersey you generally have 2 years from the date of your injury to file a personal injury lawsuit (N.J.S.A. 2A:14-2). If a town, county, or state agency is involved, you must give notice within 90 days. If you miss the deadline, the court will usually dismiss your case.
Know your deadline.
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2 years.
Most NJ injury lawsuits, including car accidents, truck crashes, and slip and falls, must be filed within 2 years of the date of injury. Miss it, and the court will usually dismiss your case, even if it is strong.
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90 days.
If a town, county, or state agency is involved, you must file a Notice of Claim within 90 days. A late notice is allowed only in rare, extraordinary cases, so please do not wait. Please call us as soon as you can.
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Until age 20.
For an injured child, the clock pauses until age 18, so a lawsuit can generally be filed until age 20. Special rules apply to every case, so please talk to an NJ lawyer about your child's claim as soon as you can.
NJ deadlines by claim type.
2 years from the date of injury.
Car, truck, slip & fall, most injuries:
1
90 days to file a Notice of Claim. The lawsuit must still be filed within 2 years.
Government claims:
2
Tell your employer right away (90 days is the outer limit). File a claim petition within 2 years of the accident or last payment.
Workers' compensation:
3
Wrongful death:
4
2 years from the date of death.
Property damage (like a car):
5
Generally 6 years. Your injury claim still follows the 2-year rule.
Protect your claim.
Act fast.
Deadlines start on the day of the accident. Waiting makes a case harder to prove.
Keep records.
Save medical bills, photos, police reports, and witness names. Write down what happened while it is fresh.
Talk to a lawyer.
We check your exact deadline and handle the paperwork, so you can focus on getting better.
Statute of limitations questions.
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Most New Jersey personal injury lawsuits must be filed within 2 years of the date of injury under N.J.S.A. 2A:14-2. If the deadline passes, the court will usually dismiss the case.
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Usually on the date of the accident. Under the discovery rule, the clock may start later if you did not know, and had no reasonable way to know, that you were injured or that someone else may be at fault. Courts decide this case by case.
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You must file a Notice of Claim with the public entity within 90 days. A judge may allow a late notice within one year only in extraordinary circumstances. The lawsuit itself must still be filed within 2 years.
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Usually, yes. The clock is paused until the child turns 18, so the lawsuit can generally be filed until the child's 20th birthday. Special rules apply to wrongful death claims for a child who died.
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The court will usually dismiss your lawsuit, and you lose the right to recover compensation. A few exceptions exist, but they are narrow, so do not count on them.
