The General Rule: Two Years From the Date You Were Injured
In New Jersey, the statute of limitations (SOL) refers to the time limit which you must file a lawsuit after an injury occurs. Missing this deadline will generally (almost certainly) bar you from pursuing compensation in court. For most personal Injury cases—those involving negligence causing physical, emotional, or other harm—the clock starts on the incident date. This applies uniformly across nearly all personal injury types. However, there are some key exceptions, extensions, and special rules based on the case details. Always consult a licensed New Jersey attorney for your specific situation, as courts strictly enforce these deadlines.
The Statute of Limitations is 2 Years from the Date of Accident for the following Personal Injury Cases:
- Car Accidents
- Slip-and-fall
- Premise liability
- Dog bites
- Product Liability
- Assault and Battery or False Imprisonment
- Medical Malpractice
- Elder Abuse (Physical)
Exceptions to the 2-year Statute of Limitation
Injured person is legally disabled or a minor: A personal who is legally disabled or a minor requires the help of others to take care of their legal affairs. Usually, a parent or a legal guardian would be appointed or named as the individual’s Guardian ad litem (GAL).
N.J. Stat. § 2A:14-21 gives an injured person who is legally disabled more time to file a personal injury case. The SOL doesn’t begin to run until their disability ends, meaning they have 2 years from:
They turn 18—their 20th birthday, or
Their mental incapacity resolves so they can handle their own legal matters.
For birth injuries, minors have up to 13 years after the injury.
Discovery Rule: While the 2-year statute of limitations applies to Medical Malpractice, what if the person did not know they were hurt right away? For example, what if a doctor left a surgical instrument inside a patient which did not cause symptoms until 3 years after the surgery. An x-ray then discovered the instrument. Under this rule the SOL doesn’t begin to run until 2 years from date injury was discovered. Or when it should have been discovered.
Defendant’s Absence from State: Time the defendant is out of New Jersey doesn’t count toward the SOL if it prevents service of process (N.J. Stat. § 2A:14-22)
Wrongful Death: Generally two years from the date of death. However, if the death was a result of murder, aggravated manslaughter, or manslaughter and the defendant has been convicted, found not guilty by reason of insanity, or adjudicated delinquent, the two-year limit does not apply, and the action can be brought at any time.
Public/Government Entities (Tort Claims Act): File a Notice of Tort Claim within 90 days of the injury, then must wait 6 months before suing. The overall SOL remains 2 years, but failure to notify promptly will bar the case entirely. (N.J.S.A. 59:8-1 et seq)—both tolled for minors. Notice of tort claim must be filed within 90 days after the minor turns 18. The lawsuit must be filed within 2 years after 18th birthday. (N.J.S.A. 59:8-8 and N.J.S.A. 2A:14-21).
Port Authority of NY and NJ: There is a one (1) year statute of limitation to file a lawsuit and a notice of claim must be filed sixty (60) days prior to filing suit. (N.J.S.A. 32:1-163)
Work Injury: While is this called a claim petition rather than filing a lawsuit—it is still subject to a Statute of Limitation. The deadline is 2 years from the date of injury/last date of exposure or 2 years from the date authorized benefits (treatment or temporary disability) are terminated, whichever is later. Workers’ Compensation cases are also subject to the “Discovery Rule”.
Contact a Monmouth County Personal Injury Lawyer at the Law Offices of Michael S. Williams After Suffering an Injury in an Accident
If you have been injured, speak with our experienced New Jersey personal injury lawyers at the Law Offices of Michael S. Williams. Call us today at 732-351-2800 or contact us online to schedule a free consultation. With offices conveniently located in Tinton Falls and New Brunswick, New Jersey we serve clients in Monmouth and Middlesex County and throughout the state.
