Statute of Limitations for Dog Bite Claims in New Jersey

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If you’ve suffered a dog bite in New Jersey, your immediate concern might be getting medical attention, managing your injuries, and dealing with insurance. But one often-overlooked issue can permanently affect your ability to recover damages: the legal deadline for filing a claim.

This deadline is governed by what’s known as the statute of limitations, and failing to file a lawsuit within this timeframe can prevent you from ever holding the dog’s owner accountable in court—even if you were seriously hurt and deserve compensation.

This article provides everything you need to know about the statute of limitations for dog bite claims in New Jersey, including the standard legal deadline, possible exceptions, when the clock starts, and what steps you must take to protect your legal rights.

 

What Is a Statute of Limitations?

The statute of limitations is a law that sets a strict time limit on how long a person has to file a lawsuit after an injury or incident. These laws are in place to ensure that claims are filed while evidence is still fresh and memories are intact.

In the context of dog bites in New Jersey, the statute of limitations refers to the legal period in which you can file a personal injury lawsuit against the dog’s owner or another responsible party. Once this period expires, your legal rights to pursue compensation typically vanish, regardless of the facts of the case.

 

Why Time Matters After a Dog Bite

Many dog bite victims assume that once they’re treated and the incident is reported, they can take legal action whenever they’re ready. Unfortunately, the law doesn’t work that way. In New Jersey, if you delay too long, the courts will likely dismiss your claim—even if the dog attack caused significant physical or emotional damage.

Time matters because:

• Delays can make it harder to prove your case.
• Witnesses may become unavailable or forget what happened.
• Medical records and photographs may get lost.
• Insurance companies use delay tactics and legal time limits to avoid paying.

Understanding and acting within the statute of limitations is not just a formality—it is critical to preserving your ability to recover damages for medical expenses, lost wages, emotional distress, and other consequences of a dog bite injury.

 

The Statute of Limitations for Dog Bites in New Jersey

Under New Jersey law, the statute of limitations for filing a personal injury lawsuit—including one for a dog bite—is two years from the date of the incident. This is outlined in N.J.S.A. § 2A:14-2, which governs claims related to injury caused by negligence or wrongful acts.

That means you have exactly two years from the day the dog bite happened to file a lawsuit. If you fail to do so within that time, your case will almost certainly be dismissed, regardless of its merit.

For example, if you were bitten on May 10, 2023, you would have until May 10, 2025, to file your claim in a New Jersey civil court. Missing that deadline—even by a day—could bar you from receiving compensation.

 

When Does the Legal Clock Start?

The statute of limitations “clock” typically begins on the date the injury occurred. For most dog bite victims, this is straightforward: you were bitten on a specific day, and the two-year countdown starts from that moment.

However, in some cases, determining when the clock starts may be more complex. For instance:

1. If the victim was not aware of the full extent of the injury until later, there may be an argument that the clock should begin when the injury was “discovered.”
2. If the identity of the dog owner was not immediately known, this may affect when the clock starts—but only under very narrow circumstances.
3. In most situations, the courts will consider the injury date as the start date, not the date of discovery or identification.

That’s why it’s important to begin legal consultations and document everything as soon as possible.

 

Exceptions to the Two-Year Rule

While the two-year rule applies in the vast majority of cases, New Jersey law provides a few specific exceptions where the statute of limitations may be paused or extended.

1. Minor Victims

If the person who was bitten by the dog was a minor (under the age of 18) at the time of the injury, the statute of limitations does not start until their 18th birthday. This means they typically have until their 20th birthday to file a lawsuit, giving them more time to pursue a claim once they become a legal adult.

2. Mental Incapacity

If the victim was mentally incapacitated at the time of the injury and unable to manage their own affairs, the statute of limitations may be paused until the person regains capacity. This exception exists to protect vulnerable individuals, but proving mental incapacity in court requires medical documentation and legal effort.

3. Delayed Discovery

In rare cases where the injury resulting from a dog bite was not immediately known or did not manifest until later, a “discovery rule” may apply. However, for dog bites—where the injury is usually visible and immediate—this exception is seldom granted.

Because exceptions are difficult to prove and often evaluated on a case-by-case basis, it’s essential to consult with a personal injury attorney if you think one may apply to your situation.

 

What Happens If You Miss the Deadline?

If you fail to file a lawsuit within the statute of limitations:

1. Your case will likely be dismissed outright by the court.
2. You will lose your right to seek any form of compensation.
3. The dog owner and their insurance provider have no legal obligation to negotiate or settle with you.
4. Even the strongest evidence of fault or injury becomes legally irrelevant if the case is time-barred.

It’s easy to think that two years is a long time, but the process of recovery, documentation, and legal preparation can move quickly. The best course of action is to begin the legal process as soon as possible after the bite occurs.

 

Step-by-Step Guide to Filing a Dog Bite Lawsuit in NJ

Here’s a simplified overview of the legal steps involved in filing a dog bite claim in New Jersey:

Step 1: Seek Immediate Medical Attention
Your health is the top priority. Get treatment and keep detailed medical records, as these will be critical evidence in your case.

Step 2: Identify the Dog and Owner
Write down or photograph anything that identifies the dog and its owner. Get their contact information if possible.

Step 3: Report the Incident to Authorities
File a formal report with local animal control, police, or the health department. This creates an official record of the attack.

Step 4: Document Everything
Take pictures of your injuries, clothing, and the location of the attack. Keep receipts, medical records, and witness contact information.

Step 5: Contact a Personal Injury Lawyer
An attorney experienced in New Jersey dog bite law will evaluate your case, determine liability, and help you file before the statute expires.

Step 6: File the Lawsuit Within Two Years
With your attorney’s help, draft and submit the lawsuit to the appropriate civil court before the deadline.

 

Common Mistakes That Could Harm Your Claim

1. Assuming the deadline doesn’t apply to your case
2. Failing to document the injury or identify the dog
3. Relying solely on the dog owner’s word or insurance promises
4. Waiting too long to contact a lawyer
5. Believing minor injuries don’t warrant legal action
   

 

Frequently Asked Questions

How long do I have to file a dog bite claim in New Jersey?
Under New Jersey law, you generally have two years from the date of the dog bite to file a personal injury lawsuit. This two-year statute of limitations is strict, and missing the deadline will almost always result in losing your right to pursue compensation through the court system.

Can I still file a lawsuit if the dog bite happened over two years ago?
In most cases, the answer is no. If more than two years have passed since the date of the incident, your claim will likely be barred. However, there are limited exceptions. If the injured person was under 18 at the time of the bite, the clock may not begin until they reach adulthood. Similarly, if the victim was mentally incapacitated, the deadline may be paused. You should consult an attorney to see if any exceptions may apply in your case.

When does the statute of limitations begin for a dog bite injury?
The legal clock usually starts on the date the injury occurred—that is, the day of the dog bite. In very rare cases where the injury wasn’t discovered until later, such as when internal damage becomes apparent after some time, a discovery rule may apply. That said, for dog bites, the injuries are typically immediate and visible, so the date of the incident is almost always the starting point.

Does the statute of limitations apply differently to children?
Yes, it does. If the dog bite victim is a minor, New Jersey law allows the statute of limitations to begin on their 18th birthday. This means that the individual would have until their 20th birthday to file a lawsuit. This exception gives younger victims additional time to take legal action once they are of legal age to do so.

What happens if I miss the filing deadline for my dog bite claim?
If you miss the two-year filing deadline, your claim will most likely be dismissed by the court. Once that window closes, you can no longer pursue damages for your medical expenses, emotional distress, lost wages, or other losses caused by the bite. Even if the facts of your case are strong, the court will not hear it if it is filed too late.

 

Final Thoughts: Don’t Wait to Protect Your Rights

The two-year statute of limitations in New Jersey can feel like plenty of time—until it’s gone. Dog bite injuries can have long-lasting consequences, and pursuing compensation may be your only way to recover financially, emotionally, and physically.

But if you wait too long, your case may never get heard.

Take your injuries seriously. Take your rights seriously. And take action before it’s too late.

 

Contact The Epstein Law Firm, P.A., Today

If you or someone you love has been bitten by a dog in New Jersey, don’t wait. Contact an experienced personal injury attorney who understands New Jersey dog bite laws and can help you file your claim within the legal window.

Protect your rights. Contact us today to schedule a free consultation.