Statutes of limitations are deadlines for filing specific types of claims in court, in arbitration, or in other legal proceedings. Statutes of limitations generally require a person or entity to file a lawsuit or initiate an arbitration proceeding within a certain number of years from the date the cause of action accrues or arises—often the date of the injury, whether a physical injury or a breach of contract, for example.

The discovery rule is a judge-made exception to statutes of limitations that stops or “tolls” the limitations period from beginning to run until the person with the right to assert the claim (the plaintiff) has sufficient knowledge to discover the facts regarding the injury or breach.

Similarly, a statute of limitations may be suspended or “tolled”—extending the time period in which the plaintiff may file a lawsuit or make a claim—if the plaintiff lacks the legal capacity to file a lawsuit or make a claim when the cause of action accrues (the person is under a legal disability). For example, if a person’s cause of action accrues when the person is a minor child, the statute of limitations will often by tolled until the child reaches the age of majority (often 18).

In New Jersey, statutes of limitations set deadlines for filing various types of legal claims. The time limits vary depending on the nature of the claim. For example, personal injury claims generally have a two-year statute of limitations, while breach of contract claims can have a six-year limit if the contract is in writing, and a shorter period for oral contracts. The discovery rule in New Jersey can toll the statute of limitations, meaning the clock doesn't start until the injured party discovers or should have discovered the injury. This rule is particularly relevant in cases where the injury or damage is not immediately apparent. Additionally, New Jersey law provides for the tolling of the statute of limitations for individuals who are under a legal disability at the time the cause of action accrues, such as minors or those who are mentally incapacitated. In such cases, the statute of limitations may be extended until the disability is removed, for instance, when a minor reaches the age of majority, which is typically 18 years old.