New Jersey’s Verbal Threshold vs. New York’s Serious Injury Threshold
In New Jersey, most personal injury lawsuits must be filed within two years of the accident. Learn about important deadlines, public entity claims, and exceptions that may affect your case.
1. New Jersey Personal Injury Filing Deadline
The general statute of limitations for personal injury claims in New Jersey is two years. This commonly applies to:
Car, truck, and motorcycle accidents
Pedestrian and bicycle accidents
Slip and fall injuries
Dog bites
Certain construction injuries
If a lawsuit is not filed before the applicable deadline, the defendant may seek dismissal of the case.
2. When Does the Two-Year Deadline Start?
For most accidents, the filing period begins on the date of the injury.
For example, if an accident occurs on March 1, 2026, the general two-year deadline would be March 1, 2028.
An insurance claim, demand letter, or ongoing negotiations do not replace the requirement to file a lawsuit in court.
3. Exceptions to the Filing Deadline
Certain circumstances may delay or extend the normal deadline:
Injured Minors: When the injured person is under 18, the statute generally begins when the child turns 18, giving the child until age 20 to file under N.J.S.A. 2A:14-21.
Discovery Rule: The filing period may begin later if the injury or its cause was not reasonably discoverable.
Mental Incapacity: New Jersey law may allow tolling in certain situations involving mental incapacity.
These exceptions depend on the facts of each case and should be evaluated by an attorney.
4. Claims Against Public Entities
Claims involving government bodies may have additional requirements under the New Jersey Tort Claims Act.
A public entity may include:
State government
Counties and municipalities
School boards
Housing authorities
NJ Transit
90-Day Notice Requirement
A written notice of claim may need to be served within 90 days of the accident. The notice must contain specific information about the injury, incident, responsible entity, and damages.
Six-Month Waiting Period
After the notice is served, there is generally a six-month waiting period before filing a lawsuit. Late notice may be allowed in limited circumstances.
5. Wrongful Death Claims
New Jersey wrongful death claims generally have a two-year deadline from the date of death, rather than from the date of the accident.
Separate claims under the Survival Act may involve different calculations. Public-entity notice requirements may also apply.
6. New York Residents Injured in New Jersey
New York and New Jersey have different personal injury deadlines. New York generally provides three years for many personal injury claims, while New Jersey generally provides two years.
If you live in New York but were injured in New Jersey, the location of the accident may affect which legal rules apply. An attorney should confirm the applicable deadline.
7. Why You Should Not Wait
The statute of limitations is generally the last possible deadline, not a recommended time to begin your case.
Evidence may disappear, surveillance footage may be overwritten, vehicles may be repaired, and witnesses may forget important details. Public-entity notice deadlines can also expire within 90 days.
Speak with an attorney as soon as you are medically able after an accident.
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Generally, yes. Personal injury claims against another driver following a New Jersey car accident are generally subject to a two-year filing period. PIP claims and public-entity cases may have additional requirements.
NJ Transit and New Jersey municipalities may fall under the New Jersey Tort Claims Act. Written notice may be required within 90 days, followed by the applicable waiting period and lawsuit deadline.
Sometimes. New Jersey's discovery rule may delay the start of the filing period when the injury or its cause was not reasonably discoverable. Courts consider the specific facts of each case.
New Jersey's rules may apply when the injury occurred in New Jersey. A two-year lawsuit deadline and a 90-day public-entity notice requirement may apply. An attorney licensed in the relevant states should confirm the applicable deadlines.
No. Opening an insurance claim, sending a demand letter, negotiating with an adjuster, or receiving a settlement offer does not itself pause the statute of limitations. The lawsuit deadline must still be observed.