New Jersey Statute of Limitations: Filing Deadlines by Case Type
What Is a Statute of Limitations in New Jersey?
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit or press criminal charges. In New Jersey, these deadlines vary based on the type of case.
Once the statute of limitations expires on a civil claim, the defendant can ask the court to dismiss the case. If the court grants that motion, the plaintiff permanently loses the right to pursue the claim. In criminal cases, prosecutors lose the ability to bring charges once the deadline passes.
New Jersey organizes its civil filing deadlines under Title 2A of the New Jersey Statutes Annotated (N.J.S.A.), primarily in sections 2A:14-1 through 2A:14-5. Criminal time limits fall under the New Jersey Code of Criminal Justice at N.J.S.A. 2C:1-6.
New Jersey Civil Statute of Limitations
New Jersey's civil statute of limitations governs the deadlines for filing lawsuits in state court. These limits typically range from one to twenty years depending on the type of claim. The clock usually starts on the date of the incident or, in some cases, the date the injury was discovered.
If you miss the filing deadline, the opposing party can raise the statute of limitations as an affirmative defense and file a motion to dismiss your case. Once the court grants that motion, the legal claim is gone for good.
Personal Injury and Tort Claims
New Jersey gives plaintiffs two years to file most personal injury lawsuits. This deadline applies to car accidents, slip and fall incidents, assault, and other claims involving bodily harm.
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 2 years | N.J.S.A. 2A:14-2 |
| Wrongful Death | 2 years from date of death | N.J.S.A. 2A:31-3 |
| Medical Malpractice | 2 years (discovery rule applies) | N.J.S.A. 2A:14-2 |
| Product Liability | 2 years | N.J.S.A. 2A:14-2 |
| Libel/Slander (Defamation) | 1 year | N.J.S.A. 2A:14-3 |
The wrongful death clock starts on the date of the person's death, not the date of the act that caused the death. Medical malpractice claims follow the discovery rule, meaning the two-year period may not begin until the patient knew or should have known about the injury.
Contract and Property Claims
Most contract and property-related lawsuits must be filed within six years of the breach or damage. New Jersey does not distinguish between written and oral contracts for statute of limitations purposes.
| Case Type | Time Limit | Statute |
|---|---|---|
| Written Contracts | 6 years | N.J.S.A. 2A:14-1 |
| Oral Contracts | 6 years | N.J.S.A. 2A:14-1 |
| Property Damage (Personal or Real) | 6 years | N.J.S.A. 2A:14-1 |
| Trespass | 6 years | N.J.S.A. 2A:14-1 |
| Fraud | 6 years | N.J.S.A. 2A:14-1 |
| Debt Collection | 6 years | N.J.S.A. 2A:14-1 |
| Conversion of Property | 6 years | N.J.S.A. 2A:14-1 |
Other Civil Deadlines
Several civil claims fall outside the standard two-year and six-year categories.
| Case Type | Time Limit | Statute |
|---|---|---|
| Collection of Rents | 6 years | N.J.S.A. 2A:14-1 |
| Judgments (Court of Record) | 20 years | N.J.S.A. 2A:14-5 |
| Construction Defect | 10 years (statute of repose) | N.J.S.A. 2A:14-1.1 |
| Professional Malpractice (Non-Medical) | 6 years | N.J.S.A. 2A:14-1 |
| Sexual Abuse (Civil, Adult Victims) | 7 years | N.J.S.A. 2A:14-2b |
| Sexual Abuse (Civil, Child Victims) | Until age 55, or 7 years after discovery | N.J.S.A. 2A:14-2a |
| Workers' Compensation | 2 years | N.J.S.A. 34:15-51 |
Governor Phil Murphy signed legislation in 2019 that permanently expanded the civil statute of limitations for sexual assault claims. Adult victims now have seven years to file a civil lawsuit. Survivors of childhood sexual abuse have until age 55 or seven years from the date they first connected their trauma to financial harm, whichever is later.
New Jersey Criminal Statute of Limitations
New Jersey's criminal statute of limitations sets time limits on when prosecutors can bring charges. Unlike many states, New Jersey classifies crimes as "indictable offenses" (similar to felonies in other states), "disorderly persons offenses" (similar to misdemeanors), and "petty disorderly persons offenses." These categories carry different filing deadlines under N.J.S.A. 2C:1-6.
Crimes With No Time Limit
New Jersey law allows prosecutors to file charges at any time for the most serious offenses. These crimes have no statute of limitations:
- Murder (N.J.S.A. 2C:11-3)
- Manslaughter (N.J.S.A. 2C:11-4)
- Sexual assault (N.J.S.A. 2C:14-2)
- Human trafficking (N.J.S.A. 2C:13-8)
- Terrorism-related offenses (P.L.2002, c.26, sections 1 through 5)
This means a person can be charged with any of these crimes regardless of how many years have passed since the alleged act.
Indictable Offenses (Felonies)
Most indictable offenses carry a five-year statute of limitations. The clock starts when the crime is committed. Some categories have extended deadlines:
| Crime Type | Time Limit | Statute |
|---|---|---|
| Most Indictable Offenses | 5 years | N.J.S.A. 2C:1-6(b)(1) |
| Official Misconduct | 7 years | N.J.S.A. 2C:1-6(b)(3) |
| Bribery and Related Offenses | 7 years | N.J.S.A. 2C:1-6(b)(3) |
| Environmental Crimes | 5 years | N.J.S.A. 2C:1-6(b)(1) |
Disorderly Persons and Petty Offenses
Less serious offenses have a shorter filing deadline:
| Crime Type | Time Limit | Statute |
|---|---|---|
| Disorderly Persons Offense | 1 year | N.J.S.A. 2C:1-6(c) |
| Petty Disorderly Persons Offense | 1 year | N.J.S.A. 2C:1-6(c) |
Crimes Against Children
New Jersey provides extended deadlines for crimes committed against minors. If the victim of criminal sexual contact (N.J.S.A. 2C:14-3) or child endangerment (N.J.S.A. 2C:24-4) was under 18 at the time of the offense, prosecutors must bring charges within five years after the victim turns 18 or within two years of the victim's discovery of the offense, whichever is later.
Tolling Provisions: When the Clock Pauses
Certain circumstances can pause or "toll" the statute of limitations in New Jersey. Tolling effectively stops the clock, giving the plaintiff or prosecutor more time to act.
Minors
Under N.J.S.A. 2A:14-21, the statute of limitations does not begin running until a minor turns 18. For example, if a 10-year-old suffers a personal injury, the two-year statute of limitations does not start until that child's 18th birthday. The child would then have until age 20 to file a lawsuit.
An exception exists for medical malpractice involving birth injuries. In those cases, the lawsuit must be filed by the child's 13th birthday.
Mental Disability
If a person has a mental disability that prevents them from understanding their legal rights or filing a lawsuit, the statute of limitations is tolled until that disability is removed. This provision also falls under N.J.S.A. 2A:14-21.
Defendant Absent From the State
Under N.J.S.A. 2A:14-22, if the defendant leaves New Jersey after the incident and cannot be served with process, the time spent outside the state does not count toward the statute of limitations. The clock pauses for the duration of the defendant's absence.
Discovery Rule
New Jersey courts apply the "discovery rule" in cases where the plaintiff could not reasonably have known about the injury at the time it occurred. Under this rule, the statute of limitations does not start until the plaintiff knew or should have known about the injury through reasonable diligence.
The New Jersey Supreme Court adopted this rule in Lopez v. Swyer, and courts have since applied it to medical malpractice, toxic exposure, and other cases where injuries are not immediately apparent.
Criminal Tolling
For criminal cases, the statute of limitations clock stops running if the accused is fleeing from justice, is absent from the state, or is already being prosecuted for the same conduct.
How the Statute of Limitations Starts (Accrual)
Understanding when the statute of limitations begins is just as important as knowing the deadline itself. In New Jersey, the general rule is that the clock starts on the date of the incident.
For contract disputes, the limitations period begins on the date of the breach. For personal injury cases, it begins on the date of the injury. For wrongful death, the clock starts on the date of death.
However, the discovery rule can shift the start date. If a person could not have discovered the injury despite exercising reasonable care, New Jersey courts may rule that the statute of limitations did not begin until the discovery date.
What Happens if You Miss the Deadline
If the statute of limitations expires before you file a lawsuit, the consequences are severe. The defendant can file a motion to dismiss based on the expired deadline, and New Jersey courts will almost always grant it.
There are very few exceptions to a missed deadline. Tolling provisions (for minors, mental disability, or absent defendants) may apply in some cases, but they must be raised and proven by the plaintiff.
For criminal cases, an expired statute of limitations means prosecutors cannot bring charges. If charges are filed after the deadline, the defendant can move to dismiss them.
The best way to protect your rights is to consult with a New Jersey attorney well before the deadline approaches. An attorney can evaluate whether any tolling provisions apply and help ensure your claim is filed on time.
More New Jersey Laws
Sources and References
- N.J.S.A. 2A:14-1 (6-Year Limitations Period)(law.justia.com)
- N.J.S.A. 2A:14-2 (2-Year Limitations Period for Personal Injury)(njcourts.gov).gov
- N.J.S.A. 2C:1-6 (Criminal Time Limitations)(law.justia.com)
- NJ Courts: Statute of Limitations FAQ(njcourts.gov).gov
- N.J.S.A. 2A:14-1.1 (Construction Defect Statute of Repose)(law.justia.com)
- N.J.S.A. 2A:14-22 (Tolling of Statute of Limitations)(law.justia.com)
- Governor Murphy Signs Sexual Abuse Statute of Limitations Expansion (2019)(nj.gov).gov
- P.L. 2019, c.120 (Sexual Assault Civil SOL Expansion)(pub.njleg.gov).gov
- New Jersey Legislature Statutes(lis.njleg.state.nj.us).gov