Key Takeaways
- New Jersey generally sets a two-year deadline to file most personal injury lawsuits.
- Claims against a government entity require written notice within ninety days of the injury.
- Exceptions exist for minors and cases involving delayed discovery of an injury.
Our Monmouth County personal injury lawyers regularly field questions about the NJ injury claim deadline, since missing it can end a claim before it starts. New Jersey generally gives an injured person two years to file a lawsuit, though claims against a government entity require notice much sooner. Exceptions for minors and delayed injury discovery can shift that timeline, which makes an early legal review worth the effort.
The 2-Year Deadline and When the Clock Starts
New Jersey’s statute of limitations generally starts running on the date of the injury, not the date any medical treatment begins or ends. Picture a rear-end collision on Route 35 in Ocean Township: The clock starts ticking the moment the crash happens, regardless of when medical treatment follows. Missing this time limit to file injury claims in NJ almost always bars the claim entirely, no matter how strong the evidence may be.
The Shorter 90 Day Rule for Claims Against the Government
Claims against a government entity, such as Monmouth County or a local municipality, follow a much shorter timeline. New Jersey’s tort claims act notice requirement allows only 90 days from the incident to file written notice with the proper agency. A fall on a cracked sidewalk near the Monmouth County Courthouse in Freehold would fall under this shorter rule rather than the standard 2-year window.
Exceptions: Minors, Discovery Rule, and More
New Jersey law recognizes a few exceptions to the standard deadline:
- A minor injured in an accident generally has until two years after turning eighteen to file a claim.
- The discovery rule also applies when an injury is not immediately apparent, such as a delayed diagnosis following a fall.
Why Acting Early Strengthens a Case
Waiting to pursue a claim risks losing evidence that becomes harder to recover as time passes. Witnesses forget details, surveillance footage gets deleted, and physical evidence at a scene, such as debris along the Asbury Park boardwalk, tends to disappear quickly. Acting early also gives a lawyer more time to build a complete picture of medical costs and long-term effects.
How a Monmouth County Personal Injury Lawyer Calculates the Deadline
A Monmouth County personal injury lawyer reviews the date of injury, the type of defendant involved, and any applicable exceptions before confirming a filing deadline. Government claims and minors’ claims follow different rules, so calculating the correct deadline often requires more than a quick date count. Getting this calculation right early prevents a rushed filing or a missed opportunity altogether.
Frequently Asked Questions
Does New Jersey Ever Extend the Two-Year Deadline?
Yes, exceptions exist for minors and for cases involving the discovery rule, which can extend or delay when the deadline starts.
What Happens if the Ninety-Day Notice for a Government Claim Is Missed?
Missing this notice period generally bars the claim, though a court may allow a late notice in limited circumstances.
Does the Deadline Change if an Injury Gets Worse Over Time?
No, the deadline still generally runs from the original date of injury, even if symptoms worsen later.
Our Skilled Monmouth County Personal Injury Lawyers at Kitrick, McWeeney & Wells, LLC Are Ready to Help
To learn what deadlines might apply to your case, contact our Monmouth County personal injury lawyers at Kitrick, McWeeney & Wells, LLC. Call 732-920-8383 or complete our online form today for a free consultation. We have offices in Manasquan and Brick, NJ, and serve clients in the surrounding area.