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Legal Deadlines

Statute of Limitations for Personal Injury in New Jersey

By Jessie Dogan • Dogan Law Firm • New Jersey

The statute of limitations is a legal deadline. Miss it, and you lose your right to file a claim. It doesn't matter how strong your case is. Courts enforce these deadlines rigidly.

The General Rule: Two Years

For most personal injury cases in New Jersey, you have two years from the date of the injury to file a lawsuit. This applies to car accidents, slip and falls, assault, product liability, and most other injury claims. The New Jersey Courts self-help section has additional information on filing requirements and timelines.

Important Exceptions

Medical malpractice follows the discovery rule. The clock doesn't start until you knew or should have known about the malpractice. If a surgeon left a sponge inside you and you didn't find out for three years, the deadline runs from the discovery date.

Claims against government entities have a much shorter window. You must file a tort claim notice within 90 days. Missing that requirement usually kills your claim entirely.

Minors get an extension. The statute is paused until the child turns 18, giving them until age 20 to file. But parents can and often should file on the child's behalf sooner.

Why Early Action Matters

Even with two years, waiting creates problems. Evidence disappears, witnesses forget details, medical records get purged. Starting early gives your attorney time to preserve evidence and build the strongest possible case. We recommend at least an initial consultation within a few weeks of the injury. Choosing the right attorney early makes the process smoother.

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