How Long Do You Have to File a Personal Injury Claim in New Jersey?

Understanding New Jersey's filing deadlines is essential to protecting your right to seek compensation after an accident. Learn how long you have to file a claim and the exceptions that may apply.

One of the first questions we hear from injured clients throughout Atlantic, Cape May, Cumberland, Salem, Gloucester, Camden, and Burlington County is simple: “how much time do I have to pursue my claim?” In New Jersey, the answer depends on who caused the injury and where it happened; missing the deadline can permanently end a valid claim, no matter how strong the underlying case is.

The General Rule: Two Years

Under N.J.S.A. 2A:14-2, most personal injury claims in New Jersey, including car accidents, slip and falls, and other negligence-based injuries, must be filed within two years from the date of the injury. The clock generally starts on the date of the accident itself, not the date medical treatment ends or the date a claim is denied by an insurance company.

The Discovery Rule

Not every injury is obvious right away. New Jersey courts recognize a 'discovery rule' that can pause, or toll, the two-year clock until the point when a victim discovers, or reasonably should have discovered, both the injury and the fact that someone else's conduct may have caused it. This most often comes up in cases involving delayed-onset injuries or medical conditions that aren't immediately connected to an earlier incident.

Exceptions for Minors and Legal Incapacity

When a child is injured, the two-year statute of limitations is generally tolled until the child turns 18, meaning the deadline to file doesn't expire until the child's 20th birthday. A similar tolling rule can apply when an injured person is legally incapacitated at the time of the injury; the clock may not start running until that legal incapacity is resolved.

A Much Shorter Deadline for Claims Against the Government

The two-year rule differs if your injury happened on public property or involved a public employee, such as a fall on a municipal sidewalk, an accident involving a county or township vehicle, or an injury at a public school or park. In those cases, the New Jersey Tort Claims Act requires a formal notice of claim to be filed with the public entity within just 90 days of the incident, not two years. Missing that 90-day window will, in almost all cases, permanently bar the claim, regardless of how serious the injury is.

Why Waiting Is Risky Even Within the Deadline

Even when the full two years is available, waiting to pursue a claim creates real problems. There is a good possibility that physical evidence disappears, surveillance footage gets overwritten (often within 30 to 90 days), witnesses move or forget details, and insurance companies have more time to build a defense while an unrepresented victim has less documentation of the early days after the injury. The strongest claims are usually built by gathering evidence while it's still fresh, not by waiting until the deadline is approaching.

What to Do If You're Unsure Which Deadline Applies

Many injured people don't immediately know whether the party responsible for their accident was a private individual, a business, or connected to a government entity. A delivery truck might be operated by a private contractor or a municipal department; a fall might occur on a property that's privately owned but abuts a public sidewalk with shared maintenance responsibility. Because the wrong assumption can mean the difference between a two-year deadline and a 90-day deadline, it's worth having these questions answered early rather than assuming the longer deadline applies by default.

Serving Injured Clients Across New Jersey

If you were hurt anywhere in New Jersey, whether the responsible party was a private individual, a business, or a public entity, the deadline that applies to your case can vary significantly. Confirming which deadline applies, and beginning to gather evidence right away, is one of the most important steps you can take to protect your claim.

Talk to Our Team of Personal Injury Attorney

Personal injury deadlines in New Jersey are unforgiving, and some are far shorter than most people expect. If you were injured anywhere in New Jersey, our attorneys at Cupaiuolo Law can help you understand which deadline applies to your case and start building your claim before evidence is lost. Contact us today for a free confidential consultation to better understand your case.

Disclaimer:

This article is provided for general informational purposes only and does not constitute legal advice. Personal injury law involves strict deadlines and fact-specific standards that can vary by case. Reading this article does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed New Jersey attorney promptly, since many claims are subject to short filing deadlines.