New Jersey gives you 2 years from the date of injury to file a personal injury lawsuit, under N.J.S.A. 2A:14-2. The deadline is straightforward, but it also intersects with the state's auto-insurance "threshold" system for car accident cases specifically.
The Standard 2-Year Deadline
Most negligence-based personal injury claims in New Jersey — slip and falls, dog bites, product liability, and general premises liability — fall under this standard two-year window measured from the date of the injury.
💡 If your injury arises from a car accident, New Jersey's "verbal threshold" or "zero threshold" auto insurance election can separately affect your right to sue for pain and suffering — a distinct issue from the filing deadline itself.
Modified Comparative Fault: The 51% Bar
Separately from the filing deadline, New Jersey uses modified comparative fault with a 51% bar. If you're found 50% or less at fault for your own injury, you can recover damages reduced by your fault percentage; at 51% or more, you recover nothing.
Why Acting Early Protects Your Claim
Because the two-year clock runs from the date of injury regardless of when you decide to pursue a claim, waiting to consult an attorney reduces the time available to investigate the accident, preserve evidence, and identify witnesses before the deadline arrives.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in New Jersey?
Generally 2 years from the date of injury under N.J.S.A. 2A:14-2.
What is New Jersey's comparative fault rule?
Modified comparative fault with a 51% bar — you recover reduced damages at 50% fault or less, and nothing at 51% or more.
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