What to Know About the Statute of Limitations for Personal Injury Cases in New Jersey

Personal Injury

If you sustained injuries because somebody else was negligent, you may be eligible for compensation through a personal injury claim. This claim lets you recover compensation for physical injuries, damage, pain and suffering, and lost income. In New Jersey, you need to file a personal injury lawsuit within a certain period. The statute of limitations sets the amount of time you can bring a lawsuit for a certain kind of claim. Not filing within this deadline can lead to unwanted consequences. For instance, you may lose your chance to secure financial compensation for your losses. 

Missing the legal deadline can occur when you don’t hire a New Jersey Personal Injury Lawyer to handle your case. An injury attorney will help you prepare and submit all the necessary paperwork. once you have filed your claim, they can start negotiating a fair settlement with the insurance company. 

You Only Have Two Years to File

Often, you can file a personal injury lawsuit in New Jersey within two years from the accident or injury date. This can apply to accidents such as slip and fall accidents and car accidents. In some instances, the filing deadline can be different. For instance, this two-year rule is flexible with claims for medical malpractice. 

Sometimes, you may not know you will sustain an injury on your treatment or surgery day. For instance, if you have a malpractice case against a surgeon who left a surgical instrument inside your body, which was discovered after a few months, the two-year deadline begins at the date of discovery.  

Meanwhile, in wrongful death cases, the state also sets a two-year deadline for filing a lawsuit, starting from the death of the person. This could be on the day of the accident or a few weeks or months after it. 

Exception for Minors

The statute of limitations is different when the claimant is a minor or someone who doesn’t have the mental capacity to understand their rights. The two-year deadline begins after the minor turns 18 or if the person gains back their mental capacity. 

Filing Deadline for Claims Against the Government

A personal injury case against the government has a shorter statute of limitations. Different government agencies differ in their rules on filing deadlines. Because of this, you must call a lawyer immediately, so you don’t forfeit your legal right to file a personal injury lawsuit. Keep in mind that self-representation will only put your case in jeopardy.   

Leonard Moore
Leonard Moore mission is to conduct in-depth research that leads to new ideas in creating informative articles. His focus is on innovation in technology and creativity.

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