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.