New Jersey's Statute of Limitations

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New Jersey's Statute of Limitations


Wrongful Death
A cause of action for wrongful death accrues on the date of death and must be filed within two years. The New Jersey Supreme Court has found that the statute that tolls the two-year statute of limitations in favor of minors applies to toll wrongful death actions by minors.

Personal Injury Actions
These actions must be brought within two years of the date of the injury.

Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date when the injury was, or should have been, discovered. An action filed by or on behalf of a minor for medical malpractice injuries sustained at birth must be brought before the child’s 13th birthday.

Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the date the injury was, or should have been, discovered.

Special Rules for Minors
Except in cases of medical malpractice injuries suffered at birth, the statute of limitations begins to run on the minor’s 18th birthday.