In New Jersey, when someone is involved in a personal injury lawsuit, they generally must file the lawsuit within two (2) of the accident date. N.J.S.A. 2A:14-2. When someone is injured involving a governmental entity such as the state or federal government, this time frame changes. In New Jersey, if you are involved in a personal injury lawsuit, you must file notice with the state entity within in ninety (90) days of the accident or you are generally barred from filing suit. You then must wait six (6) months while the entity conducts an investigation before you can file suit, still limited by the two (2) year statute of limitation.
If your injury involves the federal government or one of their agencies, this is controlled by federal statute.
Rule: Below is the federal statute, 28 U.S.C.A. § 2401 and applicable case law. This statute is as follows:
§ 2401. Time for commencing action against United States
(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented. Under the Federal Tort Claims Act (28 U.S.C.A. §§ 1346(b), 2671 et seq.) are brought within 2 years after claim accrues, actions are barred by 28 U.S.C.A. § 2401(b) if they are not begun within 6 months after date of mailing of notice of final denial of claim by agency to which it was presented. Willis v United States, (1983, CA2 NY) 719 F2d 608.
Upon receiving denial of claim, a claimant has six (6) months to commence suit. Solomon v United States, (1982, ED NY) 566 F Supp 1033. You must file your lawsuit within six (6) of the notice of denial or you case may be dismissed when it is filed.
Sources:
N.J.S.A. 2A:14-2
28 U.S.C.A. § 2401
Willis v United States, (1983, CA2 NY) 719 F2d 608
Solomon v United States, (1982, ED NY) 566 F Supp 1033