What is the Personal Injury Statute of Limitations in New Jersey?
Traffic accidents, slip and fall incidences, injury at work, and cuts or burns are a couple of mishaps that you could come across in the process of your daily responsibilities. Many industries employ the use of heavy machinery, dangerous tools, and chemicals, all of which could pose a risk to personal health and well being.
The Law Offices of David A. DiBrigida, has a legacy of helping over 10,000 victims of New Jersey personal cases since 1992.
Filing a personal injury lawsuit comes with a list of conditions that you need to be aware of to smoothen the process of filing a lawsuit and getting your rightful compensation.
All victims of personal injury must comply with the set statute of limitations to make the most of their case. NJ Personal Injury Statutes of Limitations are set in place to put a strict time frame for which your right to file a lawsuit is viable.
How long do you have to file a personal injury claim?
You have two years to file a claim for a personal injury in New Jersey.
The personal injury statute of limitations requires the time for action at law to be within two years and after which the claim for compensation expires.
You are required to submit a claim to New Jersey’s courts for compensation for your losses within two years and you must have detailed documentation and paperwork in order to maximize your compensation.
After an accident resulting in a personal injury, you should maintain diligent records and keep detailed notes on everything regarding your situation.
What if you miss the filing deadline?
Failing to meet the two-year deadline renders your case baseless. When you insist on filing the lawsuit after 2 years, it’s almost certain the company or person you’re trying to sue will submit a “motion to dismiss” and present the New Jersey Statutes of Limitations time limit to the court. After this turn of events, the court will promptly dismiss your case, unless in some rare exceptions which will be explained later.
Regardless of how significant your injuries are, or how apparent the defendant’s liability is, the dismissal of your case by the court officially nullifies any opportunity to claim compensation.
Therefore, New Jersey’s Personal Injury Statute of Limitations is a pivotal aspect of any personal injury case. It is paramount to follow set deadlines as they are crucial in any formal lawsuit as well as settlement negotiations by the defendant’s insurance company.
Exceptions to the New Jersey Personal Injury Statute of Limitations
A couple of situations can delay the clock, or pause it, extending the statute of limitations, some of which include:
If you are a victim an injury that has a mental disability impairing you from understanding your legal rights, you are entitled to an additional two years once you regain mental well-being.
If the person who is accused of the your injuries exits New Jersey after the accident, but before the lawsuit can be filed, the period under which the defendant is absent from the state may not be considered as part of the two years. In this case, your attorney will have to file an affidavit saying that, after diligent inquiry and effort, “service of process” on the absent defendant isn’t possible.
Personal Injury Law Firm In New Jersey
If you would like legal assistance concerning the New Jersey Statute of Limitations, especially if the period of two years has elapsed or the deadline is approaching fast, contact us to discuss your situation with an experienced New Jersey personal injury attorney.
