What is the Property Damage Statute of Limitations in New Jersey?

If you've had your property damaged or destroyed in New Jersey, you could be thinking about filing a lawsuit over what happened. If so, it's important to understand the New Jersey statute of limitations for property damage claims, whether your potential case involves real property (damage to your house or your land) or personal property.

What Is a Statute of Limitations?

First, a little background, for those unfamiliar with the term. A "statute of limitations" is a state law that puts a limit on how much time can pass before you file a lawsuit, once you've been harmed or suffered some kind of loss. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.

Let's look at the filing deadline in New Jersey, why this rule is so crucial to your rights, and a few rare exceptions that could extend the filing deadline, and where to file your property damage case.

What's the Property Damage Lawsuit Filing Deadline in New Jersey?

In New Jersey, the filing deadline that applies to a property damage lawsuit is the same whether the plaintiff (the person filing the lawsuit) is seeking the repair or replacement of damaged or destroyed real property (like a house or other structure, or land itself) or personal property (including vehicle damage).

Specifically, New Jersey Revised Statutes section 2A:14-1 says that a lawsuit "for any tortious injury to real or personal property...shall be commenced within 6 years next after the cause of any such action shall have accrued." Here, "tortious" just means wrongful or negligent conduct.

So, any New Jersey property damage lawsuit must be filed within six years of the action that resulted in harm to (or destruction of) the property owner's real or personal property.

It's important to note that this filing deadline applies any time you're asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action or a standalone lawsuit.

Get the details on making a claim for property damage.

What If I Miss the Lawsuit-Filing Deadline In New Jersey?

What if the filing deadline set by the statute of limitations has passed, but you try to file your property damage lawsuit anyway? In that situation, you can count on the defendant (the person you're trying to sue) asking the court to dismiss the case. And, except in rare instances where an exemption from the statute of limitations deadline applies (more on these exceptions in the next section), the court will almost certainly grant the dismissal.

If that happens, you've essentially lost your right to any legal remedy for your damaged property. So, even if you're pretty sure your property damage case will settle, you still want to leave yourself plenty of time to file a lawsuit if you need to.

Can I Extend the Statute of Limitations Deadline in New Jersey?

In any New Jersey property damage lawsuit—and most other kinds of civil lawsuits filed in the state matter—a few situations could pause (or "toll," in legalese) or extend the statute of limitations deadline. These include:

• If the defendant leaves the state after committing the alleged property damage, and service of process on him or her is not possible, the running of the statute of limitations "clock" is suspended for the length of the absence, according to New Jersey Revised Statutes section 2A:14-22, and
• If, at the time the property damage occurs, the property owner is under the age of 18, or if a mental disability prevents the property owner from understanding his or her legal rights or commencing a lawsuit, the six-year time period will not start until the property owner turns 18 or regains their mental capacity. (New Jersey Revised Statutes section 2A:14-21.

Other exceptions may also apply to extend the New Jersey statute of limitations time limit, but they're too complex to cover in this article. Do a little research of your own or talk with an experienced New Jersey attorney for the details.

Where Do I File a New Jersey Property Damage Lawsuit?

Based on how New Jersey's civil court system is structured, the answer here typically depends on the amount of compensation you're seeking for damage to (or destruction of) your property. Let's look at the possibilities.

If your property damage losses look like they'll add up to less than $20,000, you'll likely file your lawsuit in New Jersey Superior Court's "special civil part."

If you're certain you'll be asking for more than $20,000 from the person you believe caused your property damage, regular New Jersey Superior Court is the right choice.

The county where the person you're suing lives (there's a Superior Court branch in each of the state's 21 counties) is typically the right place to file your case. Learn more about civil courts in New Jersey (from njcourts.gov).

You might want to consider New Jersey's small claims courts if your property damage was relatively minor and you're planning on seeking only $5,000 or less from the person you're suing. Learn more about small claims in New Jersey (from njcourts.gov).

Do I Need a Lawyer for a New Jersey Property Damage Claim?

It depends on a few factors. If your claim is fairly straightforward, it might make sense to handle it on your own if you're comfortable doing so. If there's an insurance policy in play, it's often a good strategy to try getting a fair insurance settlement before filing a lawsuit in court. Having a lawyer on your side is usually a good idea, but in reality it's not always easy to find a lawyer who's willing to take a run-of-the-mill property damage case.

If your case involves personal injury or some other legal issue in addition to property damage, discussing your options with an experienced New Jersey lawyer might make sense. Get tips on finding the right lawyer for you and your case.