Most people know New Jersey gives you two years to file a personal injury lawsuit. What fewer people know is that the two-year rule has important exceptions — some that give you more time, and some that give you far less. Getting these right can be the difference between having a case and losing it on a technicality. Here’s how the most important exceptions work.
The starting point: two years
New Jersey’s general personal-injury statute of limitations is two years from the date of the injury, under N.J.S.A. 2A:14-2. For a typical, obvious injury — a car crash, a fall — the clock starts the day it happens. Our overview of NJ injury filing deadlines covers the basics. But “from the date of the injury” isn’t always so simple.
Exceptions that give MORE time
- The discovery rule — delaying the start until the injury and its cause could reasonably be known.
- Minors — a child’s claim is generally tolled, so the clock doesn’t run the same way it does for an adult; the child typically gets time after reaching adulthood (with important exceptions for medical and birth cases). This is why a birth-injury claim can be brought years later.
- Legal incapacity — tolling can apply for certain incapacitated individuals.
- Fraudulent concealment — where a defendant hid the wrongdoing.
Exceptions that give LESS time
This is the dangerous side — situations where the clock is far shorter than two years:
- Claims against public entities — the Tort Claims Act requires a notice of claim within 90 days, with suit deadlines on top. This applies to towns, counties, the State, NJ Transit, public schools and hospitals, and dangerous public roads.
- Wrongful death — generally two years from the date of death, which may differ from the date of injury.
- Certain contractual and special claims with their own limits.
Why you can’t just “wait and see”
The safest assumption is that your deadline is shorter than you think, not longer. The exceptions that extend time are fact-specific and often disputed — you don’t want to bet your case on the discovery rule applying. And the 90-day public-entity window closes fast and quietly. Evidence also fades: witnesses move, footage is overwritten, and scenes change, all of which weaken even a timely case the longer you wait.
Not sure how much time you have? Find out now — for free
Because the deadline depends on the type of claim, who the defendant is, and when the injury could reasonably have been discovered, the only safe move is to confirm it early. If you have a potential injury claim anywhere in New Jersey — even one that happened a while ago — it’s worth a free call to find out where you stand before any deadline passes.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Personal Injury Guide.