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New Jersey Personal Injury Statute of Limitations

New JersyImage Courtesy Quintin Gellar on PexelsThe statute of limitations for personal injury & accidents in New Jersey is two (2) years (Ref: N.J. Stat. § 2A:14-2). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within two years of the date of your accident. If you do not file a lawsuit within two years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the New Jersey Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to an New Jersey personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in New Jersey

There are some variations & exceptions to the 2 years statute of limitations on personal injury cases in New Jersey. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law.

  • If the injured person, at the time of the underlying accident, is under 18 years of age or has a mental disability that prevents him or her from understanding his/her legal rights or commencing a legal action, then once the person turns 18 or re-gains the proper mental capacity, he or she will be entitled to the full two years to get their personal injury lawsuit filed.
  • If the person who is allegedly responsible for the plaintiff's injuries leaves the state of New Jersey at some point after the underlying accident, but before the lawsuit can be filed, the time of absence probably won't be counted as part of the two years. But in this situation, in order to get the filing deadline extended, the plaintiff (or the plaintiff's attorney) will likely need to file an affidavit saying that, after diligent inquiry and effort, "service of process" on the absent defendant isn't possible.

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the New Jersey statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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attorney Gabriel Lependorf

Verified Accurate: 3/17/21

The information on this page was verified as accurate by attorney Gabriel Lependorf on 3/17/21. Mr. Lependorf has nearly 30 years of experience exclusively in personal injury law and is a member of the Multi Million Dollar Advocates Forum. Click button below to learn more about Gabriel Lependorf.

Gabriel Lependorf