If you were hurt because of someone else's carelessness, New Jersey law sets a deadline for filing a lawsuit. This deadline is called the statute of limitations. If you miss it, the court will usually refuse to hear your case, no matter how strong it is. Knowing the deadline, and the exceptions to it, is one of the most important steps in protecting your rights.
The general rule: two years
For most personal injury claims in New Jersey, including car accidents, slip and falls, dog bites and many other injury cases, a lawsuit generally must be filed within two years of the date of the injury. Wrongful death claims are also generally subject to a two-year deadline, measured from the date of death.
Exceptions that can change the deadline
The discovery rule
In some cases, the clock may not start until you knew, or reasonably should have known, that you were injured and that someone else may be responsible. This can matter in situations where an injury or its cause is not immediately obvious.
Injuries to children
When the injured person is a minor, the deadline is often delayed until the child turns 18. Parents may still bring a claim on the child's behalf sooner, and delays can make evidence harder to find.
Claims against a government entity
If your injury involves a public entity, such as a town, county, school district or public transit, New Jersey's Tort Claims Act applies. These claims generally require a written notice of claim within a much shorter period, commonly 90 days, before a lawsuit can be filed. Missing this notice can seriously damage or end your case.
Why you should not wait
Even when the deadline is two years away, waiting can hurt your case:
Witnesses move away or forget details
Surveillance video and vehicle data can be erased
Physical evidence at the scene changes or disappears
Insurance companies may be quicker to dispute a claim that was reported late
What to do next
If you or someone you love was injured, speak with an attorney as soon as you can. A lawyer can tell you which deadline applies to your situation, send the required notices and preserve important evidence.
The Law Office of Todd I. Siegel has helped injured New Jersey clients for more than 30 years. Call 201-678-0678 for a free consultation. There is no fee unless we win your case.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Deadlines depend on the facts of each case, so please speak with an attorney about your situation. Past results do not guarantee a similar outcome.
