Use this chart to understand how the statute of limitations may affect your commercial claims and civil suits in New Jersey.
Statutes of limitations are laws that set the maximum amount of time after an event when a person can be charged with a crime. If you are involved in a commercial claim or civil suit - consult your attorney about how the statute of limitations affects your case.
Even with these limitations below, there are special rules and regulations to statutes of limitations that may affect your case.
|Limitations Period||Accrual Date|
|Account Stated||six years||date payment was demanded and refused|
|Antitrust||four years||date cause of action arose|
|Breach of Contract||six years for non-sales contracts||Non-sales contract: date that the right to institute and maintain a suit first arose|
|four years for for contracts for the sale of goods||Sales Contract: time of the breach or anticipatory breach|
|Breach of Fiduciary Duty||six years for purely economic loss||date plaintiff has actual or constructive knowledge for claim|
|two years for harm to physical or emotional well being||uncertain - but usually at date injured party discovers basis for actionable claim|
|Breach of Warranty||four years||date when tender of delivery is made|
|Consumer Protection Statutes||six years||time plaintiff suffers actual damage and discovers facts essential to claim|
|Conversion||six years for claims involving conversion of chattel||date chattel is first tortuously taken|
|three years for claims involving conversion of negotiable instrument||date check is negotiated for a claim|
|Employment Matters||one year under the Conscientious Employee Protection Act||time of last retaliatory attack|
|180 days for administrative claims under Law Against Discrimination; 2 years for civil cases in Superior Court||date the discriminatory act occurs or date of last component act|
|two under Worker’s Compensation Act||date of injury|
|Enforcement of Judgments||twenty years||date of entry of judgment|
|Fraud||six years||date of act or omission that gives rise to fraud claim or date act or omission should have been discovered|
|Fraudulent Concealment||two years||date plaintiff discovers basis for actionable claim|
|Insurance Bad Faith||six years||date of incident; tolled from claim until insurer formally declines liability|
|Negligence||two years for personal injury||date of act or omission that gives rise to claim|
|six years for property claims||date injured party discovers basis for actionable claim|
|Product Liability||two years||date injured party discovers basis for actionable claim|
|Shareholder Derivatives Suits||No statute of limitations.||No statute of limitations.|
|Third-Party Contribution||determined by underlying claim on which contribution claim is brought||date plaintiff recovers judgement against defendent|
|Tortious Interference with Contract Rights||six years||date plaintiff discovers basis for actionable claim|
|Trade Secret Misappropriation||six years||date plaintiff knows of injury that is basis for actionable claim|
|Trademark Infringement||No statute of limitations. Laches governs the timeliness of trademark claims.||No statute of limitations.|
|Unfair Competition||six years||uncertain - but usually at date of act that is basis for actionable claim|
|Unjust Enrichment||six years||date plaintiff last rendered services to defendant|
|Wrongful Death and Survival||two years||date of decedent’s death; date of improper act or omission in survival claims|
Special Rules & Regulations affecting Statutes of Limitations
New Jersey law permits specific rules and exceptions to when and how the statute of limitations can apply. Consult with your lawyer about how one or more of the following rules may affect your case.
- Discovery Rule: delays accrual of action until injured party discovers by exercise of reasonable diligence and intelligence basis for actionable claim
- Fraudulent Concealment Rule: tolls statute of limitations to prevent the deliberate hiding or suppression of wrongdoing until statute of limitations has expired. This doctrine tolls the running of statute of limitations until date plaintiff discovers basis for actionable claim.
- Warranty: a second claim may be started if the initial breach is terminated in a way that leaves a remedy by another action available.
- Defendant’s Absence from the State: the statute of limitations will not accrue during the period the defendant does not reside in New Jersey if the defendant is not a resident, or if the defendant leaves during the statute of limitations.
- Plaintiff’s Disabilities: plaintiffs under 21 years of age or plaintiffs deemed insane may be able to toll the statute of limitations.
- Extension Owing to Reversal or Judgement Against Plaintiff: if the plaintiff is ruled against, the plaintiff may start a new action within one year after the reversal.