Personal Injury Statute of Limitations in New Jersey
Last verified 2026-07 · Source: N.J. Stat. Ann. § 2A:14-2(a) ✓ verified · 3 sources
The deadline
2 years
from Date of injury, or date plaintiff discovers or should have discovered injury and a basis for legal claim, under N.J. Stat. Ann. § 2A:14-2(a).
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Under N.J. Stat. Ann. § 2A:14-2(a), you have 2 years from Date of injury, or date plaintiff discovers or should have discovered injury and a basis for legal claim to file a personal injury lawsuit in New Jersey. Miss it and you lose the right to sue — but several New Jersey-specific exceptions can extend (or shorten) that window, detailed below.
New Jersey Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | N.J. Stat. Ann. § 2A:14-2(a) |
| Car Accident | 2 yrs | N.J. Stat. Ann. § 2A:14-2(a) |
| Credit Card Debt | 6 yrs | N.J.S.A. 2A:14-1 |
| Medical Malpractice | 2 yrs | N.J. Stat. Ann. § 2A:14-2 |
| Wrongful Death | 2 yrs | N.J. Stat. § 2A:31-3 |
| Dog Bite | 2 yrs | N.J.S.A. § 2A:14-2(a) |
| Slip and Fall | 2 yrs | N.J. Stat. Ann. § 2A:14-2 |
| Defamation | 1 yr | N.J.S.A. 2A:14-3 |
| Breach of Contract | 6 yrs | N.J.S.A. 2A:14-1 |
| Medical Debt | 6 yrs | N.J.S.A. § 2A:14-1 |
When the Clock Starts
In New Jersey, the limitations period for personal injury lawsuits generally begins on Date of injury, or date plaintiff discovers or should have discovered injury and a basis for legal claim. New Jersey recognizes a discovery rule for this claim type: New Jersey discovery rule: clock starts when plaintiff discovers or should have known, with reasonable care, both the injury and that it may be actionable
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice of claim required within 90 days of injury under NJ Tort Claims Act (N.J. Stat. Ann. § 59:8-8); then 2-year limit to file suit against public entities
- Damage caps: $350,000 cap on pain and suffering against public entities under NJ Tort Claims Act; no general cap for private defendants
Modified comparative fault; plaintiff barred if 51% or more at fault (N.J. Stat. Ann. § 2A:15-5.1). The 90-day government notice deadline is strictly enforced. Verbal threshold may apply in motor vehicle contexts.
Source: N.J. Stat. Ann. § 2A:14-2(a), official New Jersey statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for New Jersey government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How New Jersey Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| New Jersey | 2 years | N.J. Stat. Ann. § 2A:14-2(a) |
| New York | 3 yrs | N.Y. C.P.L.R. § 214(5) |
| Pennsylvania | 2 yrs | 42 Pa. Cons. Stat. § 5524(2) |
| Delaware | 2 yrs | Del. Code Ann. tit. 10, § 8119 |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in New Jersey?
You have 2 years from Date of injury, or date plaintiff discovers or should have discovered injury and a basis for legal claim, under N.J. Stat. Ann. § 2A:14-2(a).
Can I still sue after 2 years in New Jersey?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in New Jersey?
Yes. New Jersey discovery rule: clock starts when plaintiff discovers or should have known, with reasonable care, both the injury and that it may be actionable
What if the victim was a minor?
New Jersey generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice of claim required within 90 days of injury under NJ Tort Claims Act (N.J. Stat. Ann. § 59:8-8); then 2-year limit to file suit against public entities
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Sources
- Official N.J. Stat. Ann. § 2A:14-2 — NJ Legislature LIS
- Corroborating New Jersey Personal Injury Statute of Limitations — Nolo
- Corroborating New Jersey Civil Statute of Limitations Laws — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed New Jersey attorney.