Dog bites can cause severe physical injuries, emotional trauma, and financial stress for victims. In New Jersey, the law provides strong protections for those who are attacked by dogs, including a strict liability statute that holds owners responsible even if their dog has never bitten anyone before. However, even a strong case can fail if it is filed too late. Understanding the statute of limitations for dog bite lawsuits in New Jersey is critical to preserving your right to compensation.
What Is the Statute of Limitations?
The statute of limitations is a legal deadline that determines how long you have to file a lawsuit in court. Its purpose is to ensure that cases are brought while evidence is fresh and witnesses are available. Once the statute of limitations expires, you lose the right to pursue your claim—even if you have a strong case.
New Jersey’s Deadline for Dog Bite Cases
In New Jersey, the statute of limitations for dog bite lawsuits is two years from the date of the bite. This means that you must file your lawsuit within two years of the attack, or your case will likely be dismissed. This two-year time limit applies to most personal injury claims in the state, including those based on New Jersey’s dog bite statute (N.J.S.A. 4:19-16).
Why Acting Quickly Matters
Waiting too long to file can seriously weaken your case. Over time, crucial evidence may be lost:
- Medical records may become harder to obtain or incomplete.
- Witnesses may move, forget details, or become unavailable.
- Photos or video evidence might be deleted or misplaced.
- Memories of the incident, including your own, may fade.
Starting the legal process early gives your attorney time to investigate the case, gather evidence, and file within the deadline.
Special Situations and Exceptions
Although the two-year rule applies in most cases, there are a few exceptions that can extend or toll the statute of limitations:
- Minors: If the victim is under 18, the two-year period usually does not begin until their 18th birthday. They then have until age 20 to file a lawsuit.
- Mental Incapacity: If the victim is mentally incapacitated at the time of the attack, the clock may pause until they are legally capable of bringing a claim.
- Government-Owned Property: If the dog bite occurred on government property or involved a government-owned animal, special notice requirements may apply. Victims must file a Notice of Claim within 90 days of the incident before filing a lawsuit.
Because these exceptions are strictly interpreted, it is essential to consult an attorney quickly if any of these special circumstances apply.
Damages You Can Recover
Filing a timely lawsuit allows you to seek compensation for a wide range of losses, including:
- Medical expenses (emergency care, surgeries, follow-up treatment)
- Lost wages or reduced earning capacity
- Pain and suffering
- Emotional distress and psychological trauma
- Scarring and disfigurement
In severe cases, expert testimony may be needed to project future medical costs or the long-term impact of the injuries.
Conclusion
In New Jersey, victims of dog bites have two years from the date of the attack to file a lawsuit. Missing this deadline can completely bar recovery, regardless of how strong the evidence is. Acting quickly not only preserves your legal rights but also ensures that evidence is collected and presented effectively. If you or a loved one has been bitten by a dog, consulting an experienced personal injury attorney as soon as possible is the best way to protect your claim and secure the compensation you deserve.