What is the personal injury statute of limitations in New Jersey?

1. General Personal Injury

N.J.S.A. 2A:14-2 provides a 2-year SOL for personal injury, running from the date of accrual.

2. Wrongful Death

N.J.S.A. 2A:31-3 imposes a 2-year SOL for wrongful death, running from the date of death.

3. Medical Malpractice

The 2-year SOL applies, but New Jersey applies the Lopez discovery rule and the Affidavit of Merit Statute (N.J.S.A. 2A:53A-27) requires an expert affidavit within 60 days of answer.

4. Discovery Rule

New Jersey has a robust discovery rule (Lopez v. Swyer) that tolls accrual until the plaintiff knows or reasonably should know of an injury attributable to another's fault.

5. Minor / Disability Tolling

N.J.S.A. 2A:14-21 tolls SOL during minority (until 18) and insanity. Minors generally have until age 20 to file for non-birth injuries; birth-related medical malpractice has special rules to age 13.

6. Government Defendant

The New Jersey Tort Claims Act (N.J.S.A. 59:8-8) requires a Notice of Claim within 90 days of accrual. After waiting 6 months, suit must be filed within 2 years. Late notice may be permitted for extraordinary circumstances within 1 year (N.J.S.A. 59:8-9).

7. Product Liability

The Products Liability Act (N.J.S.A. 2A:58C-1) is subject to the 2-year SOL; New Jersey has no general products statute of repose.

8. Equitable Tolling / Fraudulent Concealment

Equitable tolling and fraudulent concealment doctrines apply when the plaintiff was misled or prevented from filing.

9. Borrowing Statute

New Jersey does not have a traditional borrowing statute but applies a most-significant-relationship choice-of-law test under McCarrell v. Hoffmann-La Roche.

This is legal information, not legal advice.