New Jersey Statutes
N.J. Stat. § 2A:14-21 (2026)
Disabilities affecting limitation; action on behalf of minor
✓ current as of May 2026
2A:14-21. If a person entitled to commence an action or proceeding specified in N.J.S.2A:14-1 to 2A:14-8 or N.J.S.2A:14-16 to 2A:14-20 or to a right or title of entry under N.J.S.2A:14-6 is under the age of 18 years or a person who has a mental disability that prevents the person from understanding his legal rights or commencing a legal action at the time the cause of action or right or title accrues, the person may commence the action or make the entry, within the time as limited by those statutes, after reaching majority or having the mental capacity to pursue the person's lawful rights. Notwithstanding the provisions of this section to the contrary, an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday, as provided in N.J.S.2A:14-2.
Notes of Decisions
Cited in 36
cases (10 in the last 5 years), 1975–2025 · leading case: Rolax v. Whitman, 175 F. Supp. 2d 720 (D.N.J. 2001).
Rolax v. Whitman, 175 F. Supp. 2d 720 (D.N.J. 2001). “Tolling of the Statutes of Limitations Based Upon Rolax’s Infancy N.J.S.A. § 2A:14-21, provides that: If any person entitled to any of the actions or proceedings specified in sections 2A:14-1 to 2A:14-8 or sections 2A: 14-16 to 2A: 14-20 of this title .”
Panagioti L. Giannakopoulos v. Mid State Mall, 106 A.3d 507 (N.J. Super. Ct. App. Div. 2014). “2 A-1955-13T2 to evaluate plaintiff's claim that he was entitled to tolling of the statute of limitations under N.J.S.A. 2A:14-21 due to his mental incapacity.”
Tony Fisher v. Jordan Hollingsworth, 115 F.4th 197 (3rd Cir. 2024). “142 N.J. Stat. Ann. § 2A:14-21. 143 See Kelsey v.”
J.P. v. Gregory J. Smith, 134 A.3d 977 (N.J. Super. Ct. App. Div. 2016). “" N.J.S.A. 2A:14-21 (emphasis omitted). Ordinarily, a cause of action accrues on the date upon which a wrongful act or omission producing the harm occurs.”
Jane Doe 8 v. Chiquita Brands Int'l, Inc., 48 F.4th 1202 (11th Cir. 2022). “See N.J. Stat. § 2A:14-21; App’x. 939–40 (citing Colombian Civil Code, Art.”
McTyre v. Broward Gen. Med. Ctr., 749 F. Supp. 102 (D.N.J. 1990). “N.J.Stat. § 2A:14-21 (West 1987). Thus, plaintiff’s claim is timely under New Jersey law notwithstanding the fact that the events giving rise to the claim all occurred in Florida, over twenty years ago.”
Rk Ex Rel. Skb v. Yale Schs., Inc., 621 F. Supp. 2d 188 (D.N.J. 2008). “’s claims are tolled pursuant to N.J.S.A. 2A:14-21, and are not subject to dismissal herein, to the extent S.”
Pearce v. Salvation Army, 674 A.2d 1123 (Pa. Super. Ct. 1996). “” (N.J.S.A. 2A:14-21). The court, satisfied that the mental trauma resulting from a pattern of sexual abuse may constitute insanity under the statute, reversed summary judgment.”
Rodriguez v. City of Passaic, 730 F. Supp. 1314 (D.N.J. 1990). “1 First, this court determined that the judge to whom this case was formerly assigned had erred in concluding that, in the federal courts, a hearing as to whether plaintiff was “insane” within the meaning of N.J.S.A. 2A:14-21 and, if so, whether the statute of limitations should…”
State v. McIntyre-Caulfield, 187 A.3d 171 (N.J. Super. Ct. App. Div. 2018). “But the plain text of the rule, and the case law interpreting it, does not make its applicability dependent on a filed lawsuit. The lack of a pending civil lawsuit is not determinative, especially here where the statute of limitations (SOL) would not run for approximately…”
In Re Bernheim Litig., 290 B.R. 249 (D.N.J. 2003). “Tolling of Statute of Limitations Due to Alleged Insanity New Jersey law provides that the statute of limitations governing certain actions may be tolled if a plaintiff is insane when the cause of action accrues.”
Carter v. Univ. of Med. & Dentistry, 838 F. Supp. 957 (D.N.J. 1993). “specified in sections 2A:14— 1 to 2A:14-8 or sections 2A:14-16 to 2A:14-20 of this title or to a right or title of entry under section 2A:14-6 of this title is or shall be, at the time of any such cause of action or right or title accruing, under the age of 21 years, or insane,…”
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