Deadlines to File an Injury Lawsuit in New Jersey

Two years. An action for injury to the person caused by the wrongful act, neglect or default of another must be filed within two years after the cause of action accrues.

Six years for any tortious injury to real or personal property.

Medical malpractice personal injury claims fall under the two-year rule for injury to the person. For a minor's malpractice claim for injuries sustained at birth, the action must be filed before the child's 13th birthday (and if the parent or guardian has not filed by the 12th birthday, the minor or a designated adult may do so).

Within two years after the death. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time.

Under the New Jersey Tort Claims Act, a notice of claim for death or injury to person or property must be presented to the public entity within 90 days after the claim accrues. A lawsuit may be filed after six months from when the entity received the notice, but no later than two years after the claim accrued. A judge may allow a late notice within one year after accrual for extraordinary circumstances if the entity was not substantially prejudiced. Public entities are not liable for interest before judgment or punitive damages, and pain and suffering damages are generally not allowed unless there is permanent loss of a bodily function, permanent disfigurement or dismemberment with medical expenses over $3,600 (or certain sexual abuse claims).