In New Jersey, most people injured by someone else’s negligence have two years from the date of the injury to file a personal injury lawsuit. That deadline comes from N.J.S.A. 2A:14-2, New Jersey’s general statute of limitations for injury to the person. But the two-year rule is only the starting point. The real deadline in your case can be much shorter, or in some cases longer, depending on who you are suing and how old you are. Getting this wrong doesn’t just weaken a claim; it can end it permanently.
The Two-Year Rule Under N.J.S.A. 2A:14-2
New Jersey law requires that an action for injury to the person caused by the wrongful act, neglect, or default of another be commenced within two years of the date the cause of action accrued, generally the date of the accident. This applies to car accidents, slip-and-falls, dog bites, and most other negligence-based injury claims filed in Bergen County Superior Court and throughout the state.
Miss the deadline, and the court will dismiss the case regardless of how strong the underlying claim is. New Jersey courts apply this rule strictly. Insurance companies and defense attorneys routinely raise a statute-of-limitations defense as their first move, and it works. There is no filing extension for not knowing the deadline or being busy recovering.
When the Clock Actually Starts
The two years typically starts on the date of the incident itself: the date of the crash, the date of the fall, the date of the injury. In a narrow set of cases involving injuries that are not immediately discoverable (some medical malpractice and toxic exposure claims), New Jersey applies the discovery rule, which starts the clock when the injury was discovered or reasonably should have been discovered. Most car accident and premises liability claims do not get the benefit of the discovery rule. The clock starts on day one.
The 90-Day Trap: Claims Against a Public Entity
This is the exception that catches the most people off guard, and it is especially relevant in Bergen County given how much of the injury traffic here touches public property and public transit. If your claim is against a government entity, such as the City of Hackensack, Bergen County, the New Jersey Department of Transportation, a public school district, or NJ Transit, you do not get two years to even start the process.
Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, you must file a formal Notice of Tort Claim with the public entity within 90 days of the incident. This is not the lawsuit itself. It is a separate, mandatory pre-suit notice that must identify the claimant, the incident, the injuries, and the damages. If the 90 days passes without notice, you generally lose the right to sue that public entity at all, even though the underlying two-year statute of limitations has not run yet.
Common Bergen County scenarios where the 90-day notice applies:
- A crash caused by a pothole or defective roadway on a county- or state-maintained road, such as Route 4, Route 17, or a county route
- An injury on an NJ Transit bus or at a rail platform
- A trip-and-fall on a defective sidewalk that a municipality is responsible for maintaining
- An injury on school district property
Courts can occasionally allow a late notice under N.J.S.A. 59:8-9 if you can show extraordinary circumstances, but that is a discretionary exception, not a guarantee, and judges apply it narrowly.
Exceptions That Extend the Deadline
Minors
Under New Jersey’s tolling rules, if the injured person was under 18 at the time of the accident, the two-year clock generally does not start running until they turn 18. Practically, that means a 10-year-old injured in a Hackensack crosswalk accident could still have until roughly age 20 to file suit personally, though a parent or guardian can and often should pursue a claim on the child’s behalf well before then, especially to preserve evidence and pursue medical expense reimbursement.
Wrongful Death
New Jersey’s Wrongful Death Act carries its own two-year statute of limitations, but the clock starts on the date of death, not the date of the underlying injury, which matters when someone dies weeks or months after an accident from complications.
Government Defendants After Notice
Filing the 90-day Tort Claims Act notice does not extend your two-year window to sue. It is a prerequisite to it. You still generally need to file suit within two years of the incident, in addition to filing the earlier notice.
Why Waiting Costs You More Than Time
Even when the legal deadline is technically far away, waiting damages a personal injury claim in ways that have nothing to do with the calendar:
- Evidence disappears. Surveillance footage from a Hackensack strip mall or gas station is often overwritten within 7 to 30 days. Skid marks fade. Ice melts. A defective stair tread gets repaired.
- Witness memory fades and people move. A witness who saw the light change or watched you fall is far easier to reach, and far more reliable, a week after the incident than a year later.
- Insurance reporting windows are shorter than the statute of limitations. Your own auto policy’s PIP claim generally needs to be reported promptly, and most policies require notice as soon as reasonably possible, not within two years.
If your case involves a public entity, a construction site, a slip-and-fall, or a crash on Route 17, Route 4, I-80, or the Garden State Parkway, the practical deadline to start protecting your claim is measured in days, not years, even if the legal filing deadline is 24 months out.
What This Means for a Bergen County Case
Cases filed out of Hackensack run through the Bergen County Superior Court, Civil Division, housed at the Bergen County Justice Center at 10 Main Street, Hackensack, NJ 07601, the same courthouse complex most Bergen County injury attorneys, including our office, work near daily. Knowing the local filing procedures, e-court rules for Bergen County, and which defense firms typically appear for the insurers operating in this county is part of why timing your filing correctly matters as much as the substance of the claim itself.
If your claim involves a car or truck accident on a Bergen County road, our car and truck accident lawyers can evaluate your timeline and identify whether a 90-day public-entity notice applies before that window closes.
Frequently Asked Questions
- Does the two-year statute of limitations ever get extended in New Jersey?
- Yes, in limited situations, most commonly for minors (tolled until age 18), certain discovery-rule cases, and rare instances of legal disability. Courts apply these exceptions narrowly, so do not assume one applies to your case without a review.
- What happens if I miss the two-year deadline?
- The court will almost certainly dismiss the case on a statute-of-limitations defense, and you permanently lose the right to recover compensation for that injury, no matter how strong the underlying claim was.
- Is the 90-day Tort Claims Act notice the same as filing a lawsuit?
- No. The notice is a separate, mandatory pre-suit step required before you can sue a public entity. You still generally must file the lawsuit itself within the standard two-year period.
- How do I know if my accident involved a public entity?
- If the property, road, vehicle, or employee involved belongs to a municipality, county, state agency, school district, or NJ Transit, you are likely dealing with a public entity and the 90-day notice rule may apply.
- Should I wait to see how my injuries develop before filing?
- You can wait to file the lawsuit itself, but you should not wait to report the claim, preserve evidence, or send required notices. Evidence and notice deadlines move much faster than the two-year filing deadline.
Every case’s actual deadline depends on who is at fault, what kind of property or entity was involved, and when the injury was discovered. If you were hurt in Bergen County and are not sure which deadline applies to your situation, our Hackensack personal injury lawyers team can review the facts and tell you exactly where your case stands, free of charge and with no obligation.