For most personal injury claims in New Jersey, the statute of limitations is two years from the date of injury. This deadline applies to motor vehicle accidents, slip-and-fall cases, dog bites, and assault-related injuries. The two-year window creates significant urgency: you must file your lawsuit before this deadline expires or lose your right to compensation permanently.

Primary Statute Governing Personal Injury Claims

New Jersey's two-year statute of limitations for personal injury actions is codified in N.J.S.A. 2A:14-2, which applies to injuries caused by negligence, recklessness, or intentional conduct. This statute governs motor vehicle injuries, premises liability, dog bites, and assault-related injuries. Your attorney must file your complaint in court before two years have elapsed from your injury date—filing an insurance claim or demand letter does not satisfy this requirement.

Special Rules for Minor Children

New Jersey law provides important protections for minor children injured through someone else's negligence. For children under 18 years old, the statute of limitations does not begin running until the child reaches their eighteenth birthday. A child injured at age 10 has until age 20 to file suit—extending the normal two-year window significantly.

Tolling for Minors Ends Automatically at 18

Tolling for minors is recognized under N.J.S.A. 2A:14-21, but the statute of limitations begins running automatically on the child's 18th birthday. No additional notice or triggering event is required. The urgency returns immediately at age 18—families frequently miss post-18 filing deadlines mistakenly believing tolling continues indefinitely.

Wrongful Death Claims Follow a Different Statute

Wrongful death actions in New Jersey are governed by N.J.S.A. 2A:31-3, which requires filing within two years of the date of death, not the date of injury. This distinction is critical: injury date ≠ death date. Families frequently calculate their deadline from the wrong date, resulting in missed filings and barred claims.

Medical Malpractice Claims: Discovery Rule and Five-Year Cap

Medical malpractice claims follow different rules than standard personal injury cases. The statute of limitations is generally two years from the date of the malpractice or one year from when the plaintiff discovered (or reasonably should have discovered) the malpractice, whichever is earlier.

Discovery Rule Is Not Automatic

New Jersey's discovery rule is a judicial doctrine, not an automatic extension. Courts evaluate when a plaintiff knew or reasonably should have known both the injury and its causal relationship to another party's negligence. Discovery must be proven rather than assumed, and courts conduct fact-specific analysis without automatically granting tolling.

Absolute Statute of Repose: Five Years

Regardless of discovery, medical malpractice claims are subject to New Jersey's five-year statute of repose under N.J.S.A. 2A:14-2, which permanently bars claims filed more than five years after the alleged act or omission. This is an absolute deadline with no equitable tolling, no discovery exceptions, and no judicial discretion.

Government Entity Claims: 90-Day Notice Requirement

Claims against government entities operate under entirely different rules. Claims against public entities and employees are governed by the New Jersey Tort Claims Act, specifically N.J.S.A. 59:8-8, which requires written notice within 90 days of the injury. Failure to provide timely notice can bar your claim even if the two-year filing deadline hasn't expired.

Late Notice Petitions and Absolute Bars

Under N.J.S.A. 59:8-9, late notice petitions are available up to one year with discretionary approval, but an absolute bar applies after one year in most cases. Government entities have 90 days to respond to your claim, and if they deny it, your attorney then has two years from the original injury date to file suit. This creates multiple critical deadlines beyond the standard statute of limitations.

Filing vs. Settlement: Two Different Timelines

Many plaintiffs confuse the filing deadline with the settlement timeline. Filing an insurance claim, demand letter, or settlement negotiation does not satisfy New Jersey's statute of limitations under N.J.S.A. 2A:14-2. Only filing a civil complaint with the court preserves the claim. You must file suit within two years, but your case may settle within six months of filing or extend years beyond filing. Best Call Funding bridges this gap by providing financial support during injury, filing, negotiation, and settlement.

Financial Pressure and Statute of Limitations Deadlines

Statute of limitations deadlines create psychological and financial pressure that insurers exploit. Knowing you have only two years to file suit, insurers push premature settlements. Many plaintiffs accept lower offers simply to end the waiting period before deadlines expire.



Best Call Funding removes this artificial urgency. Clients only get paid if they win the case, meaning you face no risk if your settlement differs from expectations. With Best Call Funding in place, your attorney can pursue your claim strategically within the statute of limitations window without financial desperation influencing settlement decisions.

Equitable Tolling: Rare and Narrow Exception

New Jersey courts apply equitable tolling sparingly. It generally requires proof of intentional concealment, fraud, or extraordinary circumstances that prevented timely filing. Financial hardship alone does not equal tolling, and ongoing settlement talks do not pause your statute of limitations deadline. Courts will not extend deadlines based on these common circumstances.

How Best Call Funding Supports Your Claim

Whether your claim settles quickly or extends years after filing, Best Call Funding ensures you're not financially devastated while pursuing compensation. The application process is straightforward: you apply online with basic information, and Best Call Funding contacts your attorney directly to gather case details.

Fast Approval and Funding

Most applications receive approval decisions within 1 to 24 business hours. Funding typically arrives within 24 to 48 hours of approval. Wire transfers deliver funds the same day, direct deposit arrives within one business day, and paper checks are available upon request. Most plaintiffs receive approximately 10% to 15% of their expected settlement value.

Best Call Funding's non-recourse structure protects your interests. Clients only get paid if they win the case, so you face no risk if outcomes differ from expectations. Repayment occurs only after settlement, and only from settlement proceeds.

Making Your New Jersey Personal Injury Claim Decision

New Jersey’s statute of limitations creates a firm legal window for pursuing compensation. Missing your deadline permanently bars your claim, regardless of merit. While timing is critical, filing should never be rushed without strategy—your attorney must evaluate liability, damages, and evidence before initiating suit to protect your long-term recovery.



Best Call Funding provides non-recourse pre-settlement funding backed by over 20 years of industry experience and NMLS certification. Funding relieves deadline-driven financial pressure, allowing your attorney to pursue fair compensation without premature settlement. Apply online or call (844) 676-CASH (2274); eligibility decisions are typically provided within 24 business hours after attorney confirmation.

Frequently Asked Questions