Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

NEW JERSEY

Note

NOTE: New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations.

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years with Discovery Rule, provided that normal limitation for personal injury has not run before death. No SOL if death caused by murder or manslaughter.

Medical Malpractice

years with Discovery Rule.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.

Intentional Torts

year

Municipal Liability/Sovereign Immunity

Notice of claim must be filed within 90 days of occurrence.  Suit may be filed after 6 months from date of notice of claim but maximum of 2 years from accrual of claim. 90-day period may, in discretion of court, for good cause and in absence of prejudice of public entity, be extended to one year from accrual of claim. Suit may be filed after expiration of six months from date of receipt of notice of claims.  Public entity is generally subject to tort liability for acts or omissions of the entity or public employees acting within scope of employment.  However, some exceptions still exist.

Discovery Rule

N.J. follows standard discovery rule.

Comparative Negligence

Adopted. Contributory negligence not bar unless plaintiff's negligence is greater than defendant's. If not greater, judgment reduced by plaintiff's percentage of negligence.

Charitable Immunity

Remains in effect in certain situations and is limited in amount in others. Therefore, specific statutes should be consulted. Notwithstanding foregoing, liability of nonprofit hospitals to beneficiary limited to $250,000 per accident, but no limit placed on liability to non-beneficiary.

Disabilities

For infancy (18th birthday), incompetence, or insanity, statute does not run until removal of disability.

Punitive Damages

Common law rules apply.

Caps:
$350,000 limit on punitive damages. or 5 times compensatory damages, whichever is greater.

No-Fault Insurance

Applies

Other Relevant Information

Occupational Disease Discovery Rule: Applies to latent injuries which are occupation related. Act gives right to compensation for occupational diseases peculiar to trade, occupation, process or place of employment.

Consumer Fraud Complaint

New Jersey Division of Consumer Affairs
http://www.state.nj.us/lps/ca/home.htm
(973) 504-6200 (Consumer Hotline)
(800) 242-5846 (toll-free in New Jersey)