What is the statute of limitations in New Jersey?
New Jersey civil limitations are codified in N.J.S.A. Title 2A, Chapter 14.
1. Personal Injury — 2 Years
N.J.S.A. 2A:14-2: Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person shall be commenced within 2 years next after the cause of any such action shall have accrued.
2. Written Contract — 6 Years
N.J.S.A. 2A:14-1: Every action at law for trespass to real property, for any tortious injury to real or personal property, for taking, detaining, or converting personal property, for replevin of goods or chattels, for any tortious injury to the rights of another not stated in 2A:14-2 and 2A:14-3, or for recovery upon a contractual claim or liability, express or implied — 6 years.
3. Oral Contract — 6 Years
Same 6 years under N.J.S.A. 2A:14-1.
4. Property Damage — 6 Years
Same 6 years under N.J.S.A. 2A:14-1 (combined property damage and contract statute).
5. Fraud — 6 Years (Discovery)
N.J.S.A. 2A:14-1 (residual 6-year statute). Discovery rule applies under Lopez v. Swyer, 62 N.J. 267 (1973), tolling accrual until plaintiff knew or should have known of the cause of action and basis to file.
6. Medical Malpractice — 2 Years (Discovery Rule)
N.J.S.A. 2A:14-2: Medical malpractice falls under the 2-year personal injury statute, but New Jersey courts apply the discovery rule liberally (Martinez v. Cooper Hosp., 163 N.J. 45 (2000)). Affidavit of merit required within 60 days (extendable 60 more) under N.J.S.A. 2A:53A-27. Minors: tolled until age 18, but for birth-related injuries, capped at age 13 under 2A:14-2(b).
7. Wrongful Death — 2 Years
N.J.S.A. 2A:31-3: Every action shall be commenced within 2 years after the death of the decedent.
8. Other Notable Periods
9. Tolling
N.J.S.A. 2A:14-21 tolls for minority (under 18), insanity, and other disability.
This is legal information, not legal advice.
- You missed the 90-day Tort Claims Act notice
- You have a medical malpractice case requiring an affidavit of merit
- Your construction defect is approaching 10-year repose
- N.J.S.A. 2A:14-1
- N.J.S.A. 2A:14-2
- N.J.S.A. 2A:14-21
- N.J.S.A. 2A:31-3
- N.J.S.A. 59:8-8
- N.J.S.A. 2A:53A-27
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.