New Jersey Statute of Limitations for Personal Injury: Every Deadline That Matters

A strong injury case can be lost without ever being heard if it's filed one day late. Courts enforce these deadlines strictly, and insurance companies know it, which is why some adjusters are happy to keep "negotiating" while the clock runs out. Here's every New Jersey deadline an injured person is likely to face, in one place.

Personal injury: two years

Under N.J.S.A. 2A:14-2, a lawsuit for personal injury caused by negligence must generally be filed within two years of the date the injury happened. This covers most car, truck, motorcycle, pedestrian, slip-and-fall, dog bite, and premises cases. "Filed" means a complaint is filed in New Jersey Superior Court. Settlement talks and letters to the insurer do not stop the clock.

Wrongful death: two years from death

A wrongful death lawsuit must be filed within two years of the date of death (N.J.S.A. 2A:31-3). The deadline runs from the death, not the accident, if the two happened on different days. If the death resulted from murder, aggravated manslaughter, or manslaughter for which the defendant was convicted, the claim can be brought at any time. Read more about New Jersey wrongful death claims.

Claims against the government: 90 days

This is the deadline that catches the most people. If your injury involves a state agency, county, town, school district, NJ Transit, or a public employee, the New Jersey Tort Claims Act requires a formal notice of claim within 90 days of the accident (N.J.S.A. 59:8-8). Examples include a crash with a municipal truck, a fall on a broken public sidewalk outside a government building, or an injury on a NJ Transit bus.

• You generally can't file the lawsuit until six months after the notice is served, and you still must file within two years.
• A judge may allow late notice up to one year after the accident, but only for "extraordinary circumstances" (N.J.S.A. 59:8-9). Don't count on it.

If there's any chance a public entity is involved, talk to a lawyer within weeks, not months.

The discovery rule

Sometimes a person doesn't know, and couldn't reasonably have known, that they were injured or that someone else's fault caused it. Under New Jersey's discovery rule (Lopez v. Swyer, 62 N.J. 267 (1973)), the two-year clock may start when the injured person discovered, or reasonably should have discovered, the basis for the claim. This comes up most often in medical malpractice and toxic exposure cases. Courts apply it narrowly, so never assume it will save a late case.

Medical malpractice: two years, plus an extra early requirement

Medical malpractice claims generally follow the same two-year deadline, subject to the discovery rule. They also come with a separate early hurdle: an affidavit of merit from a qualified medical expert, generally due within 60 days after the defendant answers the complaint (with one possible 60-day extension) under N.J.S.A. 2A:53A-27. Without it, the case can be dismissed. For injuries to a newborn at birth, the lawsuit generally must be filed before the child's 13th birthday.

Children and people who lack capacity

For a minor, the deadline is generally paused until the child turns 18, so the child has until age 20 to file (N.J.S.A. 2A:14-21). A parent's own claim for the child's medical bills may still have a shorter deadline, so families shouldn't wait. The statute may also be paused for someone who lacks the mental capacity to bring a claim.

Workers' compensation: two years

A workers' compensation claim petition must generally be filed within two years of the accident, or within two years of the last payment of compensation (N.J.S.A. 34:15-51). Tell your employer about the injury right away. Failing to give notice within 90 days can bar the claim. Occupational disease claims have their own discovery-based timing. Here's how New Jersey workers' comp works.

Property damage: six years

Claims for damage to your car or other property generally have a six-year deadline (N.J.S.A. 2A:14-1). Property damage is usually resolved quickly through insurance, but the longer deadline is there if needed.

If your accident was in New York

We represent clients in New York as well, and the rules there are different. The general personal injury deadline is three years (CPLR 214). Medical malpractice is generally two and a half years (CPLR 214-a). Claims against New York City and many public authorities require a notice of claim within 90 days (General Municipal Law § 50-e). If your accident crossed state lines, the deadlines may also cross state lines.

Why waiting is risky even when you have time

A two-year deadline doesn't mean you have two years to start. Surveillance video gets recorded over in days, trucking companies only have to keep some driver logs for six months, witnesses move away, and memories fade. The earlier a lawyer gets involved, the more evidence can be preserved.

Frequently asked questions

Does negotiating with the insurance company extend the deadline?

No. Only filing a lawsuit stops the clock. If you're getting close to two years, file, even if settlement talks are going well.

What if I was partly at fault?

Fault doesn't change the deadline. It may reduce your recovery under comparative negligence, but you still have to file on time.

I just realized the deadline may have passed. Is there anything I can do?

Possibly. The discovery rule, a minor's tolling, or the date a claim actually started can change the analysis. Talk to a lawyer right away rather than assuming the case is lost.