Statute of Limitations in New Jersey: Don't Miss Your Deadline

What Is the Statute of Limitations?

The statute of limitations is the legal deadline by which you must file a lawsuit. If you miss this deadline, your claim is permanently barred — regardless of how strong it is. New Jersey has different limitation periods depending on the type of claim.

Key Statutes of Limitations in New Jersey

Special Rules and Exceptions

The Discovery Rule

In some cases, the statute of limitations does not begin to run until the plaintiff discovers (or reasonably should have discovered) the injury and its cause. This is common in medical malpractice, toxic tort, and fraud cases.

Minors

For plaintiffs who are minors at the time of injury, the statute of limitations generally does not begin to run until they turn 18. However, there are exceptions — particularly for medical malpractice claims involving minors.

Government Entities: Notice of Tort Claim

If your claim is against a government entity (state, county, municipality, school board, etc.), you must file a Notice of Tort Claim within 90 days of the accrual of the claim (N.J.S.A. 59:8-8). Failure to file the notice bars your claim. This is a critical and often missed deadline.

Tolling

The statute of limitations can be "tolled" (paused) in certain circumstances, including: the defendant's fraudulent concealment of the claim, the plaintiff's mental incapacity, or the defendant's absence from New Jersey.

Why Timing Matters

Even if you have a strong case, waiting too long can destroy it. Evidence disappears, witnesses' memories fade, and documents get destroyed. Consulting an attorney promptly after an injury or dispute is always in your best interest.

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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Please consult a licensed New Jersey attorney for advice specific to your situation.