Resources

Statute of Limitations

The Statute of Limitations is a law which sets forth the period after an event during which a lawsuit must be filed. If the person who is bringing the suit (Plaintiff) fails to file the lawsuit within the prescribed period of time, then they will likely be barred from pursuing the case further.

Under New Jersey law, the time limits within which one must file a lawsuit can be found in various statutes, including, but not limited to, the New Jersey Statutes Annotated (N.J.S.A.) at N.J.S.A. 2A:14 and N.J.S.A. 2A:31 (wrongful death actions).

Statutes of Limitations (generally in New Jersey ):

	Personal Injury Protection (PIP) Lawsuits/Arbitrations: Payments made-within 2 years from the date of the last payment by the PIP carrier; No payments- within 2 years from the date of the first uncompensated expense; Personal Injury Lawsuits:
	Adults - within 2 years from the date the injury occurred; Minors - within 2 years of the person’s 18th birthday.

	Medical Malpractice Lawsuits:
	Adults - within 2 years of the time a person could or should have known that malpractice was committed; Minors - within 2 years of the person's 18th birthday (except for injuries which occurred at birth, see below); Minors (for injury at birth, only if born before July 2004) - within 2 years of the person’s 18th birthday; Minors (for injury at birth, only if born after July 2004) - by the person’s 13th birthday.

	Wrongful Death Claims:
	Within 2 years of the decedent’s death (claims for pain and suffering prior to death must be brought within the 2 year time limits set forth above).

	Prerequisites for lawsuites against Public Entities, County, State or Municipal entities or affiliated institutions:
	Adults - Notice of Claim within 90 days of the occurrence; Minors - no later than within 90 days of the person’s 18th or 13th birthday (depending upon whether or not there is a medical malpractice claim for an injury which occurred at birth - see above).




For more comprehensive and updated information with regard to mandated requirements applicable to Statutes of Limitations, always consult with legal counsel. To read applicable sections of N.J.S.A. 2A:14 and N.J.S.A. 2A:31 (under Title 2A), log on to the New Jersey State Legislature Database.