New Jersey's deadlines to sue for an injury

See the dates for an injury

Type the date of the injury to see where the general rules land. It's date math, not legal advice: the exceptions below can change the real deadline.

The general rule: 2 years

Except where another law says otherwise, a New Jersey lawsuit for an injury to a person must be filed within 2 years after the claim arises.

Claims against a public entity: notice in 90 days

A claim against a New Jersey public entity or public employee has its own steps, and the first one comes fast.

1. 1File a notice of claim within 90 daysThe notice must be presented no later than the 90th day after the claim arises.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
2. 2Then wait 6 monthsA lawsuit may be filed after 6 months from the date the notice is received.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
3. 3Missed the 90 days?A judge may allow a late notice up to 1 year after the claim arises, for extraordinary circumstances, if the public entity wasn't substantially harmed by the delay.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
4. 4The outer limitNo lawsuit against a public entity or public employee may be filed more than 2 years after the claim arises.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Injured children

For a child under 18, the time to sue generally starts at age 18. The same goes for a person whose mental disability keeps them from understanding their legal rights, once they can. One exception: a child's medical malpractice claim for injuries at birth must be filed before the child's 13th birthday.

Wrongful death: 2 years from the death

A wrongful death lawsuit must be filed within 2 years after the death. If the death resulted from a murder or manslaughter, and the defendant was convicted, found not guilty by reason of insanity or adjudicated delinquent, the lawsuit may be filed at any time.

When it's worth asking a lawyer now

1. 1A public entity or public employee may be involvedThe notice deadline is 90 days, far shorter than the 2 years for most claims.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
2. 2The injured person is a childWhen the time starts can differ, and birth injury claims have their own limit.Source: N.J.S.A. 2A:14-21
3. 3You're close to 2 yearsThat's the general rule. Exceptions, like the public entity notice, can make the time shorter.Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

• N.J.S.A. 2A:14-2(a)Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
• N.J.S.A. 59:8-8Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
• N.J.S.A. 59:8-9Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
• N.J.S.A. 2A:14-21Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
• N.J.S.A. 2A:31-3Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.