Statute of Limitations for Personal Injuries in Pennsylvania and New Jersey

• Personal Injury Claims: You generally have two years from the date of the accident to file a lawsuit for injuries (42 Pa. C.S.A. § 5524 and N.J.S.A. 2A:14-2).
• Minors: If the injured person is under 18, the two-year clock typically starts running on their 18th birthday, unless the claim is for medical malpractice (which follows special rules).
• Wrongful Death Claims: If the accident caused a fatality, the deceased’s personal representative has two years from the date of death to file a wrongful death lawsuit.
• Property Damage Claims: In PA, you also have two years to bring an action for vehicle or other property damage; In NJ, you have six years to do so.
• PA Government Defendants: Claims against a government agency in PA (such as PennDOT, SEPTA, or a municipal authority) have additional notice requirements—as little as six months after the accident. If you fail to file the required six-month notice, your claim may be barred—even if you are well within the two-year statute of limitations.
• NJ Government Defendants: Claims against the State of New Jersey, a county, municipality, or other public entity are subject to the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.). You must file a Notice of Claim within 90 days of the accident. If you fail to file within that period, you may lose your right to pursue compensation, even if you are still within the two-year statute of limitations for personal injury claims.

Missing a statute-of-limitations deadline or notice requirement can permanently bar your claim. Insurance carriers know these rules and may delay settlement talks to run out the clock. Contact our firm immediately to protect your rights and ensure all deadlines are met.