How Long Do I Have to File a Claim in New Jersey?

After a serious accident, your life is turned upside down. Your first thoughts are about your health, your family, and how you are going to pay your bills. The last thing on your mind is probably a legal calendar with a bunch of confusing deadlines.

But here is a hard truth: in New Jersey, there are strict time limits for filing an injury claim. These deadlines are set by law. If you miss them by even one day, you can lose your right to get any money for your injuries, forever. It does not matter how badly you were hurt or how careless the other person was. If you wait too long, your case is over before it even begins.

Understanding these deadlines is one of the most important ways you can protect yourself and your family.

Here at Levinson Axelrod, our job is to make sure everything is filed on time so you can focus on what matters most: getting better. This guide will explain the most important time limits for injury claims in New Jersey. If you have questions, a New Jersey personal injury lawyer at our firm is ready to help. Call us for a free talk.

What is the General Deadline for an NJ Personal Injury Lawsuit?

Let's start with the most common rule. This rule applies to most types of accidents caused by the carelessness of another person or company. This includes:

• Car accidents
• Slip and fall accidents
• Construction site accidents (third-party claims)
• Dog bites
• Injuries from a defective product

For these kinds of cases, the law that sets the deadline is called the statute of limitations. In New Jersey, the law at NJ Stat. § 2A:14-2 gives you two years from the date of the accident to file a lawsuit in court.

Two years might sound like a long time. However, in the world of legal cases, it can pass very quickly. During that time, evidence needs to be gathered, medical records need to be collected, and a strong case needs to be built. Waiting too long can seriously hurt your chances of winning.

What if My Injury Was Caused by the Government in New Jersey?

This is a very important exception to the two-year rule. If your injury was caused by the carelessness of a government body, the deadline is much, much shorter. These are called "tort claims."

This rule applies if you are injured by any public or government group, such as:

• A city, town, or county.
• A public school.
• A state agency, like New Jersey Transit.
• A police department.

Examples could include tripping on a broken public sidewalk, being hit by a town-owned truck, or falling in a government building.

If this happens, the New Jersey Tort Claims Act has a special rule. The law says you must file a special paper called a "Notice of Claim" with the correct government office within 90 days of the accident.

This is not a lawsuit. It is just an official notice that you were hurt and that you might file a lawsuit later. If you fail to file this notice within 90 days, you will almost certainly lose your right to get any money from the government. This 90-day deadline is one of the biggest traps for people who try to handle their own injury claims. Our experienced NJ injury attorneys know this rule and will act immediately to protect you.

What if I Didn't Realize I Was Injured Right Away?

Sometimes, an injury is not obvious on the day of the accident. This is common in cases involving exposure to toxic chemicals or medical malpractice. You might not feel sick or realize the harm until months or even years later. Does the two-year clock start on the day you were exposed?

No. The law has a fair rule for this called the "discovery rule."

The discovery rule says that the two-year clock does not start ticking until the day you discover your injury, or the day you reasonably should have discovered it. For example, if you were a construction worker who was exposed to asbestos, you might not develop cancer for 20 years. The two-year deadline would start when you are diagnosed with cancer and learn that it was likely caused by your asbestos exposure at work. The American Bar Association explains that this rule exists to protect people who could not have known they had a claim.

This rule can be difficult to apply. Insurance companies often fight hard over when a person "should have" known about their injury. This is a battle that our skilled New Jersey personal injury attorneys are prepared to fight.

Are There Different Deadlines for Other Types of NJ Injury Claims?

Yes. While the two-year rule is common, different types of cases have their own specific deadlines. It is important to know which one applies to your situation.

Wrongful Death Claims

If a loved one dies because of someone else's carelessness, the family has the right to file a wrongful death lawsuit. This claim is meant to provide compensation for the family's loss of financial support and companionship. In New Jersey, the law states that the family has two years from the date of the death to file a lawsuit.

Workplace Injuries (Workers' Compensation)

If you are injured at work in New Jersey, it is important to act quickly. You should report the injury to your employer as soon as possible. While the law allows up to 90 days to give notice, reporting the injury within 14 days ensures that your rights are fully protected.

To preserve your legal rights, you must file a formal Claim Petition with the Division of Workers’ Compensation within two years of:

1. the date of the injury, or
2. The last date on which medical treatment or other benefits were paid by your employer or its insurance company.

This time period applies to both accidental injuries and occupational claims. For occupational diseases or conditions that develop over time, the two-year clock begins when you first knew, or should have known, that the condition was related to your employment.

Choose Levinson Axelrod to Protect Your Rights in New Jersey

When you are facing a strict deadline and a powerful insurance company, you need a law firm with a long history of fighting and winning for the injured. Don't let a date on a calendar take away your rights. The most important deadline is the one you meet today: the deadline to call for help.

If you have been injured in New Jersey, do not wait. Contact Levinson Axelrod today for a free, confidential consultation. With 10 offices across the state, we are your neighbors, and we are ready to fight for you.