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

If you’ve been injured in New Jersey, you don’t have unlimited time to take legal action. In most cases, you have just two years from the date of the accident to file a personal injury lawsuit. This deadline is called the statute of limitations—and if you miss it, you lose your right to seek compensation no matter how strong your case is. Below, our attorneys explain New Jersey’s statute of limitations, key exceptions, and why acting quickly protects your rights.

The Two-Year Timeframe Functions as the Main Statute of Limitations in New Jersey

The state of New Jersey follows a basic rule which gives injured people two years to start personal injury lawsuits after an accident occurs. The two-year statute of limitations applies to all personal injury cases. Your case will face certain dismissal when you fail to meet this time restriction. The personal injury law firm Pellettieri Rabstein & Altman confirms that the two-year statute of limitations applies to all types of personal injury cases including slip-and-falls, car accidents, and nursing home abuse.

Exceptions & Special Situations

The two-year statute of limitations applies to most cases but specific conditions modify the time period.

1. Claims Against Government Entities

You need to submit a Notice of Claim within 90 days after getting hurt on public or government property. The two-year period to file a formal lawsuit starts when your injury occurred.

What to Do if Your Workers’ Comp Claim Is Denied

2. Medical Malpractice & Discovery Rule

New Jersey medical malpractice cases follow the discovery rule which starts the two-year time period when patients discover their injuries even if the negligent treatment happened earlier.

3. Minors and Incapacitated Individuals

The two-year statute of limitations for minors remains inactive until they reach age 18 after which they have two years to initiate their lawsuit. The statute of limitations may also pause when someone becomes incapacitated until they regain their capacity to act.

Timeline at a Glance

Scenario	Time Limit
General personal injury (e.g., slip & fall, car accident)	2 years from injury date
Claim against government/public entity	90-day Notice of Claim; then 2-year filing period
Medical malpractice	2 years from discovery of injury
Minor injury	2 years after turning 18
Incapacity	2 years after regaining capacity

What If You Missed the Deadline?

The failure to meet the statute of limitations creates a situation that leads to automatic dismissal of your case. The court maintains absolute enforcement of this deadline which results in permanent compensation denial for all cases regardless of their merit.

The process of taking immediate action provides you with essential advantages.

The passage of time after knowing the deadline creates problems for your chances of obtaining a successful outcome.
The natural process of evidence deterioration includes video tape overwriting and accident site clearance and memory loss of witnesses.
The insurance company starts their process right away by seeking immediate statements and settlements that pay less than your claim deserves.

How to Recognize If Your Termination May Be Unlawful

Hiring an attorney at the beginning of your case provides multiple advantages.

The preservation of essential evidence including photographs, medical records, and witness statements becomes possible through early intervention.
The process of dealing with insurance companies remains under your control.
Medical documentation needs to show direct connections between treatments and the incident while maintaining proper documentation standards.

Key Takeaways You Can’t Afford to Miss

The typical time frame for filing personal injury lawsuits in New Jersey is two years after the date of injury.
The law contains specific provisions for cases involving government entities and medical malpractice, as well as situations involving children and disabled persons.
Your case becomes vulnerable to dismissal, evidence destruction, and claim weakening when you delay your filing process.
Seeking legal counsel right away protects your interests by blocking insurance company strategies, building essential proof, and guaranteeing all necessary deadlines are met.

Contact Pellettieri Rabstein & Altman for Legal Assistance

The maximum time to file a personal injury lawsuit in New Jersey is two years from injury date but particular cases might have shorter or extended deadlines. Your case will achieve its highest potential success when you take immediate action and obtain legal counsel right away, regardless of whether you encountered an accident, medical malpractice, or a public entity claim.

The attorneys at Pellettieri Rabstein & Altman have spent multiple decades defending New Jersey residents who suffered injuries. Our team understands the critical nature of deadlines in personal injury cases, so we start right away to safeguard your rights while maintaining evidence and constructing a solid claim for your deserved compensation.

You can reach out to us right now for a complimentary case evaluation. Our team will examine your situation before presenting your available legal choices and leading you through the complete process. Our contingency fee structure allows you to avoid payment until we secure compensation for your case.

Reach out to our office at (609) 520-0900 to schedule your free confidential consultation with a New Jersey personal injury lawyer through our online contact form.

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