Statute of Limitations for Assault Claims in New Jersey

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Statute of Limitations for Civil Assault Claims in New Jersey

This FAQ-style article explains how long you have to file a civil assault claim under New Jersey law, potential exceptions, and practical steps to protect your rights. This is educational information only and not legal advice.

Detailed answer: Filing deadlines for civil assault claims in New Jersey

Under New Jersey law, most personal-injury actions — including civil claims for assault and battery — must be filed within two years from the date the cause of action accrues. The governing statute for the general personal-injury limitation is N.J.S.A. 2A:14-2. You can read the statute at the New Jersey Legislature website: N.J.S.A. 2A:14-2.

Key points about the two-year rule:

  • If the assault causes an immediately recognizable injury, the two-year clock normally starts the day of the assault or the date the injury is discovered.
  • If you delay discovering the injury (for example, a psychological injury that appears later), the discovery rule can sometimes delay when the clock starts. Whether the discovery rule applies depends on the facts and legal analysis.
  • Intentional torts such as assault are usually treated as personal injury claims for limitation purposes, so the two-year deadline generally applies.

Special rules for claims against public entities: If the defendant is a public employee or government agency (city, county, state, school district, etc.), New Jersey’s Tort Claims Act imposes additional administrative steps and shorter notice requirements. Before suing a public entity, you generally must file a notice of claim. The statute that governs notice and suit against public entities is part of the Tort Claims Act; see N.J.S.A. 59:8-8 for notice requirements: N.J.S.A. 59:8-8.

Typical rules for government-related claims:

  • You generally must present (file) a written notice of claim to the public entity within 90 days after the cause of action accrues. Missing the notice deadline can bar your claim unless a narrow exception applies.
  • Even after proper notice, you must still comply with the applicable statute of limitations for filing suit (often two years for personal-injury claims). The administrative notice is separate and in addition to filing a lawsuit on time.

Minors and tolling: New Jersey law provides situations where the statute of limitations may be tolled (paused), for example when the injured person is a minor or when the injury is not reasonably discoverable right away. The specific tolling rules vary. For sexual abuse or child-abuse situations, New Jersey has enacted special provisions and windows for certain claims — those rules differ from ordinary assault claims and are fact-specific. Because these rules are complex, consult an attorney promptly if the victim was a minor at the time of the assault.

Criminal vs. civil claims: Criminal charges for assault are separate from civil claims for money damages. Criminal charges will follow the criminal statutes and procedures; some criminal prosecutions have their own statutes of limitations depending on the severity of the offense. Filing a civil lawsuit does not depend on whether prosecutors bring criminal charges.

Practical timeline summary

  • Civil assault (typical personal-injury claim): file within 2 years of the date the cause of action accrues — see N.J.S.A. 2A:14-2.
  • Claim against a public entity: you must present a notice of claim (often within 90 days) under the Tort Claims Act and still comply with the statute of limitations — see N.J.S.A. 59:8-8 and related provisions.
  • Special circumstances (minors, discovery rule, sexual abuse statutes): deadlines may be extended or different; get legal advice early.

Because a missed deadline usually means you cannot pursue money damages in court, do not delay gathering evidence and speaking with a lawyer if you intend to file a claim.

Helpful hints — what to do right away

  • Preserve evidence: keep photographs, medical records, messages, witness names, and any police reports.
  • Get medical care and document injuries: prompt medical records are strong evidence of injury and timing.
  • Note the date the injury and symptoms began: the exact date often controls the limitation period start.
  • If the defendant is a government employee or agency, file the required notice of claim quickly — usually within 90 days — and consult counsel about how to meet both notice and filing deadlines.
  • For claims involving minors or delayed discovery (e.g., psychological injuries), contact an attorney promptly to evaluate tolling or special-window statutes.
  • Do not rely on public information or a prosecutor’s actions to preserve your civil claim. Criminal and civil timelines are separate.
  • Consult a licensed New Jersey attorney before the deadline: an attorney can calculate the precise deadline, check for tolling, and handle notices and court filings.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and the facts of each case matter. Contact a licensed New Jersey attorney to get advice about your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.