Personal Injury: New Jersey Statute of Limitations

With offices in Oakhurst, Howell, and Toms River, we provide professional legal representation for the entire New Jersey area.

Every state in the nation has laws that limit the amount of time an injured victim has to file a lawsuit in civil court for monetary compensation. The deadlines are different, depending on the type of lawsuit that is filed by the plaintiff. The law that limits the time frame during which a lawsuit must be filed is known as the “statute of limitations.”

Applicable Statutes of Limitations

Personal Injury Claims

Under New Jersey law, the statute of limitations for adults who suffer a personal injury to file a personal injury lawsuit is two years from the date of the injury. For minors, the personal injury lawsuit must be filed within two years of the individual’s 18th birthday.

Medical Malpractice Claims

When it comes to medical malpractice claims, adults must file a lawsuit within two years from the time the person knew – or should have known – that the malpractice was committed. For minors, a medical malpractice lawsuit must be filed within two years of the individual’s 18th birthday – except for birth-related injuries. For minors who suffered a birth-related injury and were born before July 2004, a medical malpractice lawsuit must be filed within two years of the individual’s 18th birthday. For minors who suffered a birth-related injury and were born after July 2004, a medical malpractice lawsuit must be filed by the individual’s 13th birthday.

Wrongful Death Claims

When it comes to wrongful death claims, the lawsuit must be filed within two years of the deceased’s date of death. Claims that allege pain and suffering prior to the death must be filed in a New Jersey court within two years of the incident.

Product Liability Claims

In regards to product liability lawsuits, a claim must be filed in court within two years from the date of occurrence.

Claims Against Public and Government Entities

Finally, lawsuits against public entities – including county, state, or municipal entities – have different deadlines and procedures. An adult claiming injury must file a notice of tort claim within 90 days of the incident. A minor, on the other hand, must file a notice of tort claim no later than 90 days from his or her 18th or 13th birthday. Once a notice of tort claim is properly filed, an adult has two years from the date of the accident to file a lawsuit; a minor, on the other hand, has two years from the date of his or her 18th birthday to file the lawsuit.

Do Not Throw Your Case Away

It is critical to to strictly adhere to these time frames because failure to do so will forever bar the plaintiff’s ability to seek monetary compensation for harm suffered. In fact, a New Jersey court will likely refuse to hear a case that is filed outside of this two-year time frame, with very few exceptions. Accordingly, if you or someone you care about has been injured due to the fault of another in New Jersey, it is critical that you contact Richard Schibell from Schibell & Mennie, LLC right away.

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