New Jersey Statute Of Limitations: Personal Injury Timelines

What Is the Statute of Limitations for Personal Injury in New Jersey?

Personal injury claims & lawsuits in New Jersey have to be filed within a certain time frame. This is the statute of limitations. For the majority of cases, you will have two years from when you suffered your injuries to file the claim.

Statute of Limitations for Different Types of Personal Injury Cases

For those who are navigating the New Jersey statute of limitations, personal injury case timelines can be confusing. The time limits can vary depending on the type of case you have. Being aware of the differences can help protect your claim.

Medical Malpractice and Birth Injury Statute of Limitations

Medical malpractice cases in New Jersey have the same statute of limitations as other claims: two years from when the malpractice occurred. If you didn’t discover you suffered an injury until later, the clock can start running from when you realized or should have reasonably realized that you’d suffered an injury.

For birth injuries, the New Jersey statute of limitations personal injury timeline is a bit different. The state requires that these claims be brought forward before the child turns 13.

Wrongful Death Statute of Limitations in New Jersey

The New Jersey statute of limitations for wrongful death is typically two years from when your loved one died. If the victim leaves behind children who are minors, it may be possible to toll the timeline until they come of age. Additionally, the discovery rule could apply if the cause of the death was not known until later.

Filing Claims Against Government Entities in New Jersey

To begin a claim against a government entity in New Jersey, the timeline is different. The Tort Claim Act requires that you submit a Notice of Claim to the entity you’re planning on filing against within 90 days of the incident.

After that, you have two years to begin the case. Not filing that initial Notice of Claim in time can bar you from recovering your losses.

Exceptions That Can Extend or Toll the Statute of Limitations

There are exceptions that could impact your timeline. The discovery rule is the most common exception to the statute of limitations. The clock can start running from when you discovered or should have discovered the injury.

There is an exception for people who are under age or who are considered mentally incapacitated. The statute of limitations can be tolled until the person turns 18 or regains mental capacity.

Another exception would be if the defendant left the state after the incident occurred but before you filed. The time they are out of New Jersey will generally not count toward the statute of limitations.

Additionally, the court can decide to toll the timeline in instances when the plaintiff was prevented from acting because of extraordinary circumstances beyond their control.

If your claim involves fraudulent concealment of the injuries you sustained, then that, too, could toll the New Jersey statute of limitations. Personal injury claims are also subject to an exception for victims of sexual assault who were minors when the attack occurred. They will have up to the age of 55 to file a claim.

What Happens if You Miss the Statute of Limitations Deadline?

If you miss the statute of limitations, you will not be allowed to begin legal action against the defendant. You will be barred from recovering any losses.

Get Matched With an Experienced New Jersey Personal Injury Lawyer

If you have sustained losses because of another party’s conduct, beginning a personal injury claim gives you the chance to recover economic damages to address medical expenses and lost wages, as well as non-economic damages to cover the pain and suffering you experienced.

You should not begin these legal actions without representation. At ConsumerShield, we can connect you with attorneys in New Jersey who can provide the dependable support you need. Contact our team to learn how we can help.