New Jersey's Statute of Limitations
Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
Wrongful Death
A cause of action for wrongful death accrues on the date of death and must be filed within two years. The New Jersey Supreme Court has found that the statute that tolls the two-year statute of limitations in favor of minors applies to toll wrongful death actions by minors.
Personal Injury Actions
These actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date when the injury was, or should have been, discovered. An action filed by or on behalf of a minor for medical malpractice injuries sustained at birth must be brought before the child’s 13th birthday.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the date the injury was, or should have been, discovered.
Special Rules for Minors
Except in cases of medical malpractice injuries suffered at birth, the statute of limitations begins to run on the minor’s 21st birthday.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.
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