Statute of limitations

What is the statute of limitations?

The statute of limitations is the legal deadline by which a lawsuit must be filed, after which the claim is generally barred entirely regardless of its underlying merit.

In New Jersey, personal injury claims generally must be filed within two years under N.J.S.A. 2A:14-2, though this general rule carries important exceptions depending on the specific type of claim involved.

Missing this deadline typically ends a claim permanently, no matter how strong the underlying evidence of fault and damages might otherwise be.

Because the consequence of missing a deadline is so severe and generally irreversible, understanding which specific deadline applies to a particular situation matters considerably.

What deadlines apply to different types of claims?

Different categories of claims carry meaningfully different limitations periods and procedural requirements.

• General personal injury, generally two years from the date of injury
• Claims against a public entity, requiring a 90 day notice well before the ultimate filing deadline
• Certain claims involving minors, subject to specific tolling rules that vary by claim type
• Product liability claims, generally following the same two year framework with some specific nuances
• Wrongful death claims, subject to their own specific statutory deadline

What exceptions can extend or modify these deadlines?

The discovery rule can delay when the clock actually begins running, applying where an injury was not reasonably discoverable at the time it actually occurred.

Tolling provisions can pause an already running clock under specific circumstances, including minority or mental incapacity, though these provisions are technical and exception heavy rather than broadly applicable.

Because these exceptions interact with each other in genuinely complex ways, and because misjudging their applicability can permanently and irreversibly bar an otherwise valid claim, consulting an attorney promptly is always the safer course.

Why does this deadline matter so much practically?

Because it is one of the most unforgiving rules in personal injury law, and courts generally apply it strictly regardless of how sympathetic the specific circumstances of a delay might seem.

This is precisely why any potential injury claim, and particularly any situation involving an older injury, a minor, incapacity, or a delayed discovery of the injury or its cause, should be reviewed by an attorney as promptly as possible.

Filing a complaint is what actually stops this clock, so the practical deadline is truly the filing date rather than any earlier date on which a decision to pursue a claim was informally made.

Common questions

What is the general deadline for a personal injury claim in New Jersey?

Generally two years from the date of injury under N.J.S.A. 2A:14-2, though this general rule is subject to important exceptions depending on the specific claim type.

What if I am not sure whether my deadline has already passed?

Consult an attorney promptly rather than assuming either way, since specific exceptions and tolling provisions may apply to your particular circumstances that are not obvious without legal review.

Does the deadline differ for claims against the government?

Yes significantly. Claims against public entities require a 90 day notice of claim well in advance of the ultimate filing deadline, which is considerably shorter than the general two year period.