When a child is injured in an accident, parents or guardians often focus first on medical treatment and recovery. However, understanding the legal time limits for filing a claim is equally important. In New Jersey, special rules apply when the injured party is a minor. These rules can extend certain deadlines, but they also contain important exceptions that must be carefully observed.
General Statute of Limitations in New Jersey
For most personal injury cases in New Jersey, the statute of limitations is two years from the date of the injury. If a lawsuit is not filed within that period, the claim is typically barred. However, when the injured person is under 18 years old, the law provides additional protection.
Tolling for Minors
Under New Jersey law, the statute of limitations is generally tolled, or paused, while a person is a minor. In most personal injury cases, this means the two-year clock does not begin to run until the child turns 18. As a result, the injured individual usually has until age 20 to file a lawsuit.
This rule recognizes that minors cannot legally file lawsuits on their own and may depend on adults to act on their behalf.
Claims Filed by Parents or Guardians
Although the law allows a minor to wait until adulthood, a parent or legal guardian may file a lawsuit sooner on the child’s behalf. In fact, early action is often advisable because evidence can disappear over time and witnesses’ memories may fade.
It is also important to understand that certain claims belong to the parents, not the child. For example, parents may seek reimbursement for medical expenses they paid and for loss of the child’s services. These parental claims are generally subject to the standard two-year statute of limitations from the date of the injury, without tolling.
Special Rules for Claims Against Public Entities
Different deadlines apply when the injury involves a public entity, such as a municipality, public school, or government agency. Under the New Jersey Tort Claims Act, a Notice of Claim must typically be filed within 90 days of the incident—even if the injured party is a minor.
Although courts may allow late notice in limited circumstances, these exceptions are narrow. Failure to comply with the 90-day requirement can prevent recovery entirely.
Medical Malpractice Cases
In medical malpractice claims involving minors, tolling generally applies until the child turns 18. However, if the injury occurred at birth, additional statutory provisions may limit how long a claim can be delayed. Because malpractice cases involve specific procedural requirements, early legal review is critical.
Why Timelines Matter
While tolling provides additional time, waiting to file can complicate a case. Medical records may become more difficult to obtain, physical evidence may be lost, and witnesses may no longer be available. Acting promptly can preserve important evidence and strengthen the claim.
Conclusion
Time limits for filing claims on behalf of a minor in New Jersey depend on the type of case and the parties involved. Although the statute of limitations is often paused until the child reaches adulthood, important exceptions—particularly in cases involving public entities—require swift action. Understanding these deadlines is essential to protecting a minor’s right to seek compensation and ensuring that legal options remain available.