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How long do I have to file a claim in New Jersey?

Two years, ninety days, or something else — the deadlines that decide whether you have a case at all.

Published May 8, 2026 · Morris Starkman

The general rule: two years

Most New Jersey personal injury claims — car crashes, falls, dog bites — must be filed in court within two years of the date of injury. Settlement talks with an adjuster do not extend it. If the deadline passes, the claim is gone regardless of how badly you were hurt.

Public entities: 90 days

If your claim is against a New Jersey public entity — a municipality, a county, a school district, NJ Transit — the Tort Claims Act requires a written notice of claim within 90 days of the incident, before any lawsuit. This is the deadline that ends the most otherwise-valid cases, and 90 days goes quickly when you are in treatment.

Workers' compensation: two years

A claim petition is generally due within two years of the accident or within two years of the last payment of compensation, whichever is later. Occupational disease claims run from when you knew, or reasonably should have known, that the condition was related to your work.

Children and other exceptions

For an injured child, the two-year clock generally does not start until their eighteenth birthday, though claims for medical expenses belong to the parents and follow the ordinary period. Other exceptions exist — for a defendant who leaves the state, for injuries not discovered right away — and they are narrow enough that you should not rely on one without advice.

The practical answer

Call early. Evidence disappears long before deadlines do: video is overwritten in weeks, skid marks wash away, witnesses move. The best time to call is the week it happened.

This article is general information about New Jersey law, not legal advice about your situation. Deadlines and rules have exceptions. If something here applies to you, call and ask.

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