Statute of Limitations for Personal Injury Claims in New Jersey

If you’ve been injured due to someone else’s negligence in New Jersey, you have a limited amount of time to file a personal injury lawsuit. This legal time frame, known as the statute of limitations, is critical to your ability to seek compensation. If you miss this deadline, you may lose your right to recover damages entirely.

This article explains how New Jersey’s statute of limitations affects personal injury claims, important exceptions that might extend your filing deadline, and practical steps to protect your legal rights.

How the Statute of Limitations Affects Personal Injury Claims

In New Jersey, the statute of limitations for most personal injury lawsuits is two years from the date of the injury. This is outlined in N.J.S.A. 2A:14-2. If you fail to file your lawsuit within this period, the court will likely dismiss your case, barring you from recovering compensation.

The statute of limitations applies to a variety of personal injury cases, including:

• Car accidents
• Slip and fall incidents
• Medical malpractice
• Product liability cases
• Workplace injuries (third-party claims)

Why Timing Matters

Waiting too long to file a claim can create several challenges:

• Loss of Evidence: Witness memories fade, surveillance footage gets erased, and crucial documents may become unavailable.
  
• Legal Barriers: The defendant can motion to dismiss your case if you miss the deadline.
  
• Insurance Negotiations: Insurers know the law and may delay settlements if they see you’re running out of time to sue.

To ensure your case remains valid, it’s crucial to act quickly and consult an experienced New Jersey personal injury attorney as soon as possible.

Tolling of the Statute of Limitations

Some circumstances can pause or extend the statute of limitations, a concept known as tolling. Common situations where tolling applies include:

• Minors: If the injured person is under 18, the statute of limitations doesn’t begin until they turn 18. They have until their 20th birthday to file a lawsuit.
  
• Mental Incapacity: If the injured party is mentally incapacitated at the time of the injury, the statute of limitations may be paused until they regain capacity.
  
• Discovery Rule: In cases where the injury was not immediately apparent (such as medical malpractice), the statute starts when the victim discovers—or reasonably should have discovered—the injury. 

Statute of Limitations by Case Type

While the two-year statute is standard for most personal injury cases, different rules apply depending on the type of claim:

• Medical Malpractice: Generally two years, but may extend under the discovery rule if the harm wasn’t immediately known.
  
• Wrongful Death: Families have two years from the date of death to file a wrongful death claim (N.J.S.A. 2A:31-3).
  
• Claims Against the Government: If you’re suing a government entity (such as a city or state agency), you must file a notice of claim within 90 days under N.J.S.A. 59:8-8.
  
• Product Liability: Subject to the standard two-year limitation, unless exceptions apply.

Exceptions and Extensions to the Statute of Limitations

While New Jersey enforces strict deadlines, there are some key exceptions:

1. Fraud or Concealment: If the responsible party intentionally hides their wrongdoing, the statute may be extended.
   
2. Out-of-State Defendants: If the person responsible for your injury leaves New Jersey, the statute may be paused until they return.
   
3. Toxic Exposure Cases: Some cases, such as asbestos-related illnesses, follow special rules under New Jersey’s Product Liability Act.

Each case is unique, so consulting an attorney is essential to determine if an exception applies to your situation.

How to Protect Your Rights and File on Time

Filing a personal injury claim within the legal time frame is crucial. Here are some steps to protect your rights:

• Document Everything: Keep records of medical bills, accident reports, and any correspondence with insurance companies.
  
• Act Quickly: Don’t wait until the deadline approaches—start the legal process early.
  
• Consult a Lawyer: An experienced New Jersey personal injury attorney can ensure your claim is filed on time and handled properly.
  
• Avoid Insurance Pitfalls: Insurance companies may try to delay or downplay your claim. Don’t sign anything without legal advice.

Speak with a New Jersey Personal Injury Attorney Today

Navigating the statute of limitations can be overwhelming, especially when you’re focused on recovery. If you’ve been injured due to someone else’s negligence, Rosengard Law Group is here to help. Our attorneys understand New Jersey law inside and out, ensuring you don’t miss critical deadlines.

Call us today at (856) 284-6446 or visit our website to schedule a free consultation. Don’t wait—your time to take legal action is limited.