Statute of Limitations for Personal Injury in NJ: Deadlines, Exceptions & What Union County Victims Must Know

November 5, 2025

When you’ve been injured due to someone else’s negligence, whether in a car crash on Route 22, a slip and fall in a Westfield store, or a dog bite in Elizabeth, your focus is on healing. But time isn’t on your side. In New Jersey, the law imposes strict deadlines for filing personal injury claims. Miss them, and you may lose your right to compensation entirely.

At Bramnick, Grabas, Arnold & Mangan, LLC, we’ve helped thousands of Union County residents protect their rights and recover what they’re owed. Here’s what you need to know about New Jersey’s statute of limitations for personal injury and why acting quickly can make all the difference.

What Is the Statute of Limitations for Personal Injury in New Jersey?

In most personal injury cases in New Jersey, you have two years from the date of the injury to file a lawsuit. This deadline applies to a wide range of cases, including:

Car accidents
Slip and fall injuries
Dog bites
Construction accidents
Medical malpractice
Wrongful death (measured from the date of death, not the date of the incident)

This two-year window is not a suggestion; it’s the law. If you file even one day late, your case can be dismissed, no matter how strong your evidence is.

Example: If you were injured in a Scotch Plains car accident on November 15, 2023, you would need to file your lawsuit by November 15, 2025.

Why Waiting Can Cost You Everything

Many injury victims assume they have plenty of time. But waiting can be a costly mistake. Here are three reasons why delaying your claim can jeopardize your recovery:

Evidence disappears: Surveillance footage is erased, witnesses forget details, and accident scenes change.
Insurance companies stall: Delays can work in their favor. They may drag out negotiations until the statute expires.
Medical records take time: Building a strong case requires documentation, expert opinions, and sometimes accident reconstruction.

At Bramnick, Grabas, Arnold & Mangan, LLC, our New Jersey personal injury attorneys act fast. We deploy investigators, preserve evidence, and handle all communication with insurers, so you can focus on recovery.

Are There Exceptions to the Two-Year Rule?

Yes, but they are limited and often misunderstood. Here are the most common exceptions:

Injuries to Minors

If the injured person is under 18, the two-year clock typically doesn’t start until their 18th birthday. That means they may have until age 20 to file.

Discovery Rule

In rare cases, the injury or its cause isn’t immediately known. The statute may begin when the injury is discovered, or reasonably should have been.

Example: A surgical error discovered months later may trigger the discovery rule.

Government Entities

If your injury involves a government agency (e.g., a fall on municipal property or a crash with a city vehicle), you must file a Notice of Claim within 90 days. This is a separate and much shorter deadline.

Important Note: If you miss the 90-day window, you may be barred from suing entirely, even if the two-year statute hasn’t expired.

Why Union County Victims Need Local Legal Help

New Jersey’s personal injury laws are complex, but navigating them successfully requires more than just legal knowledge. It demands local insight. At Bramnick, Grabas, Arnold & Mangan, LLC, we’ve spent decades fighting for injury victims in New Jersey, across Union County. From Scotch Plains to Westfield, Elizabeth to Linden, we know the roads, the courtrooms, and the insurance tactics used in this region and across the state.

Our attorneys don’t just understand the law; they understand how it’s applied right here in Union County. That means we know which judges expect aggressive trial preparation, which insurers tend to delay claims, and how to position your case for the best possible outcome.

When you’re injured, you need more than a lawyer. You need a legal team that knows your community and knows how to win.

What Happens if You Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss, and the court will almost certainly grant it. That means:

No compensation for medical bills
No recovery for lost wages
No damages for pain and suffering

Even if the other party was clearly at fault, the law won’t allow your case to proceed. That’s why it’s critical to speak with an attorney as soon as possible after an injury.

Common Misconceptions About Filing Deadlines

Many injury victims delay legal action based on assumptions that can cost them their case. Let’s clarify a few of the most common, and most dangerous, misunderstandings we hear from clients across Union County:

1. “I’m still negotiating with the insurance company, so I’m fine.”

Negotiations do not pause the statute of limitations. Unless a lawsuit is formally filed in court, the clock keeps ticking. If the deadline passes, your right to sue disappears, regardless of ongoing talks.

2. “I didn’t feel hurt right away, so the clock starts when I saw a doctor.”

Not necessarily. In most cases, the statute begins on the date of the incident, not when symptoms appear. Delayed pain is common, but it doesn’t delay your legal deadline.

3. “I can file later if the injuries get worse.”

Unfortunately, worsening symptoms don’t reopen the filing window. Once the statute expires, you lose the right to pursue compensation even if your condition deteriorates.

4. “I didn’t know the injury was someone else’s fault until recently.”

This may trigger the “discovery rule,” but it’s narrowly applied. Courts expect reasonable diligence. If you suspect negligence, speak to an attorney immediately to preserve your rights.

5. “I’m a minor, so the deadline doesn’t apply to me yet.”

That’s partially true. Minors often have until age 20 to file, but exceptions exist, especially in cases involving government entities or medical malpractice. Don’t assume. Confirm.

The Bottom Line: Assumptions can be costly. If you’ve been injured, don’t wait. Get clarity from a Certified Trial Attorney before time runs out.

What You Should Do Right Now

If you or a loved one has been injured in Union County or anywhere in New Jersey, here’s what to do immediately:

Get medical attention: Your health comes first, and records are key to your case.
Document everything: Photos, witness names, accident reports.
Avoid speaking to insurers: They’re not on your side.
Call a certified trial attorney: The sooner we’re involved, the stronger your case.

At Bramnick, Grabas, Arnold & Mangan, LLC, we offer free consultations and handle personal injury cases on a contingency fee basis, meaning you pay nothing unless we win.

Contact Our Union County Personal Injury Lawyers Today

If you’ve been injured due to someone else’s negligence, the clock is already ticking, and your future may depend on what you do next. At Bramnick, Grabas, Arnold & Mangan, LLC, we don’t just handle personal injury claims; we fight to win them. Our Certified Trial Attorneys are ready to act fast, preserve evidence, and build a case that gets results.

We serve clients across Union County and throughout New Jersey, with offices in Scotch Plains, Clifton, Cherry Hill, and Newark. Whether you’re recovering at home, getting treatment in the hospital, or unsure where to turn, we’re here for you 24 hours a day, 7 days a week.

Don’t wait. Contact us now for a free consultation. You pay nothing unless we recover compensation on your behalf.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.