The New Jersey personal injury statute of limitations is two years. That is the number everyone knows, and it is true for most cases. It is also incomplete in ways that end claims: some deadlines are shorter, some are longer, some do not start when you think, and some are not really statutes of limitations at all but have the same effect.
This is every deadline that can affect a New Jersey personal injury claim, in one place. For any of them, the safe assumption is that it is shorter than you think and that no one will remind you.
The general rule: two years
N.J.S.A. 2A:14-2 requires a lawsuit for personal injury to be filed within two years of the date the cause of action accrues, which is normally the date of the injury. This covers car accidents, truck and motorcycle crashes, pedestrian and bicycle injuries, slip-and-falls and other premises claims, dog bites, product liability, and medical malpractice.
Filing means filing a complaint in Superior Court, not sending a demand letter or opening a claim with an insurer. Negotiating with an adjuster does not stop the clock.
Deadlines that are shorter than two years
| Deadline | Applies to | Authority |
|---|---|---|
| Immediately | Reporting a crash with injury or $500+ damage to police | N.J.S.A. 39:4-130 |
| 10 days | Filing a written crash report (SR-1) with the MVC if police did not investigate | N.J.S.A. 39:4-130 |
| Promptly / per policy | Notifying your own insurer (PIP, UM/UIM, hit-and-run) | Policy terms; N.J.S.A. 39:6A-4 |
| 90 days | Notice of claim against any public entity (state, county, municipality, NJ Transit, public school, public hospital) | N.J.S.A. 59:8-8 |
| 60 days after defendant’s answer | Certification of permanency in a verbal threshold auto case | N.J.S.A. 39:6A-8(a) |
| 60 days after defendant’s answer (extendable to 120) | Affidavit of Merit in a malpractice case | N.J.S.A. 2A:53A-27 |
The 90-day public entity notice is the deadline that kills the most otherwise-valid claims. Our post on the Tort Claims Act 90-day notice covers it in full. Reporting deadlines are covered in how long you have to report a car accident in New Jersey.
Deadlines that are different from two years
- Wrongful death: two years from the date of death, not the date of injury, under N.J.S.A. 2A:31-3. If the death resulted from murder, aggravated manslaughter, or manslaughter, there is no limitations period. See wrongful death lawsuits in New Jersey.
- Property damage: six years under N.J.S.A. 2A:14-1. Your vehicle damage claim outlives your injury claim.
- UM/UIM claims against your own carrier: six years, because they are contract claims, running from the date the carrier breaches (typically when it denies or fails to pay). Do not rely on this; give notice immediately, as our post on UM/UIM coverage explains.
- PIP disputes: two years from the date of the last PIP payment, or from the date of the injury if no payment was made, under N.J.S.A. 39:6A-13.1.
- Workers’ compensation: two years from the injury or the last payment of benefits under N.J.S.A. 34:15-51.
- Claims against public entities: two years from accrual, but only after the 90-day notice was timely filed and a six-month waiting period has passed.
Rules that change when the clock starts
The discovery rule
Under Lopez v. Swyer, 62 N.J. 267 (1973), the two years does not begin until you knew or reasonably should have known that you were injured and that the injury was caused by someone else’s fault. This matters most in medical malpractice, toxic exposure, and latent injury cases. It does not help in a car accident, where the injury and its cause are known immediately. Courts apply it narrowly, and the burden is on the plaintiff.
Minors
Under N.J.S.A. 2A:14-21, the limitations period for a minor is tolled until the 18th birthday, so a child injured at age 10 has until age 20 to file. Two exceptions: birth-injury malpractice claims must be filed before the child’s 13th birthday under N.J.S.A. 2A:14-2(a), and the 90-day Tort Claims Act notice is not tolled for minors in the same way; see medical malpractice deadlines in New Jersey.
Mental incapacity
Tolling also applies while a person is mentally incapacitated under N.J.S.A. 2A:14-21, though the standard is demanding.
Defendant out of state
N.J.S.A. 2A:14-22 tolls the period while a defendant is not subject to service in New Jersey, though modern long-arm jurisdiction limits this substantially.
What happens if you miss the deadline
The claim is barred. The defendant raises the statute of limitations as an affirmative defense, and the court dismisses the case. Courts have very little discretion here. Insurers know the deadline and will sometimes keep a claimant negotiating past it. If you are within six months of two years and unrepresented, call a lawyer now.
How Ibrahim Personal Injury Law manages deadlines
Every case we open is calendared for every applicable deadline on day one: notice to carriers, the 90-day public entity notice where any public defendant might exist, the certification of permanency, and the two-year filing date. Free consultation, contingency fee. Call (844) 315-4878 or contact us online.
Frequently asked questions
How long do I have to sue after a car accident in New Jersey?
Two years from the crash under N.J.S.A. 2A:14-2, with a 90-day notice deadline if any public entity was involved.
Does the statute of limitations apply to insurance claims?
It applies to lawsuits. An insurance claim can be opened any time, but if suit is not filed within two years, the insurer has no reason to pay.
Can the deadline be extended?
Only through the tolling rules above: minority, incapacity, the discovery rule, or an absent defendant. There is no extension for negotiating in good faith.
What if I did not know I was injured until later?
The discovery rule may apply, but it is applied narrowly and you must prove you could not reasonably have discovered the injury earlier.
Related reading
- Injured by a Government Vehicle or on Public Property in NJ? You Have 90 Days
- How Long Do You Have to Report a Car Accident in NJ?
- Medical Malpractice Statute of Limitations in NJ
- Wrongful Death Lawsuits in New Jersey
- How Long Does a Car Accident Settlement Take in NJ?
- New Jersey Car Accident Lawyer
