Important note: The material below is not legal advice and is not to be relied on in the absence of advice by an attorney. Only your attorney can advise you as to the applicable statute of limitations in your case. Please consult with an attorney before making any decision as to the statute of limitations in your case.
New Jersey Statute of Limitations for Personal Injury Claims
Under the statute of limitations, NJ residents must file personal injury claims within a certain timeframe, which is typically based on the date of the occurrence or accident in question. Before filing a legal claim, it’s a good idea to consult a skilled attorney who can compute the deadline for your case and ensure that your action is timely.
Fraud
6 Years
“Every action at law for trespass to real property, for any tortious injury to real or personal property, for taking, detaining, or converting personal property, for replevin of goods or chattels, for any tortious injury to the rights of another not stated in sections 2A:14-2 and 2A:14-3 of this Title, or for recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued.” (N.J. Stat. Ann. § 2A:14-1)
Toxic Tort
2 Years
“Every action at law for an injury to the person caused by the wrongful act, neglect, or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued, except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor’s 13th birthday.” (N.J. Stat. Ann. § 2A:14-2)
Negligence/Personal Injury
2 Years
The discovery rule applies to personal injury and negligence cases; the statute of limitations runs from the date on which the action in question is discovered.
Wrongful Death
2 Years
“Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter, provided, however, that if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time.” (N.J. Stat. Ann. § 2A:31-3)
New Jersey Medical Malpractice Statute of Limitations
1 Year
“Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor’s 13th birthday.” (N.J. Stat. Ann. § 2A:14-2)
Under the discovery rule, the two-year limitations period for medical malpractice action begins to run when a patient suspects that their injuries may be attributable to faulty treatment. (Brizak v. Needle 239 N.J. Super. 415, 571 A.2d 975 N.J. Super. A.D., 1990)
New Jersey Statute of Repose for Product Liability
2 Years
The guideline for product liability falls under the same statute as toxic tort cases.
Discovery Rule
“In a product liability action, a cause of action generally accrues on the date of injury. However, the discovery rule is applied to product liability actions.” (Cornett v. Johnson & Johnson, 211 N.J. 362, 48 A.3d 1041 (2012))
Occupational Disease Discovery Rule
New Jersey law provides for the right to compensation for latent occupational injuries or diseases peculiar to a trade, occupation, process, or place of employment.
Municipal Liability/Sovereign Immunity
A public entity is generally not immune to tort liability for acts or omissions of the entity or public employees acting within the scope of their employment. However, some exceptions exist, so it’s important to consult a lawyer for advice in these cases.
Discovery Rule
The NJ statute of limitations includes a standard discovery rule for most types of cases.
Comparative Negligence
Comparative negligence is applied in New Jersey. If the plaintiff’s negligence is greater than 50%, compensation is not awarded.
Charitable Immunity
Charitable organizations are immune from prosecution in some cases but not in others. Limits on amounts of compensation may apply. Specific statutes should be consulted.
Legal Disabilities
In cases of a minor plaintiff, incompetence, or insanity, the statute of limitations does not run until removal of this legal disability. (N.J. Stat. Ann. § 2A:14-21)
Punitive Damages
Common law rules apply.
No-Fault Insurance
New Jersey is a no-fault state.
Consumer Fraud Complaints
Direct consumer complaints to the New Jersey Division of Consumer Affairs online, or call the consumer hotline at (973) 504-6200 or 1-800-242-5846 (toll-free in New Jersey).
Find Help With Your Case
Figuring out the accurate statute of limitations in NJ for your particular case can be tricky, which is why it can be helpful to work with an experienced attorney on your lawsuit or arbitration matter. Contact the lawyers at Parker Waichman LLP and you can get a free, no-obligation consultation and learn about the New Jersey statute of limitations for personal injury cases like yours to ensure that your legal rights are preserved.