What is the Personal Injury Statute of Limitations in New Jersey?
Did you incur a personal injury at work? Whether you’re a technician, electrician, construction engineer, or even a cook, personal injuries are inevitable. Traffic accidents, slip and fall incidences, and cuts or burns are a couple of mishaps that you could come across in the process of your daily responsibilities. Lots of industries employ the use of heavy machinery, dangerous tools, and chemicals, all of which could pose a risk to personal health and well being.
Here’s where personal injury lawyers come into play.
To help you get the compensation you deserve in the event of injury our firm, the Law Offices of David A. DiBrigida, have been in business since 1992 and have a legacy of helping over 10,000 victims in such cases.
Filing a personal injury lawsuit in New Jersey, however, comes with a list of conditions, all of which you need to be aware of to smoothen the process of filing a lawsuit and getting the rightful compensation.
One of these conditions is to comply with the Personal Injury Statute of Limitations in New Jersey. These regulations are set in place to put a time frame for which your right to file a lawsuit is viable.
It is a strictly-enforced time limit, so when it has elapsed, your case is invalid. This makes it imperative that all victims of personal injury comply with the set limitations to make the most of their case!
Here are the details you need to be familiar with pertaining to New Jersey’s personal injury statute of limitations.
We’ll elaborate on the deadline’s importance as well as few instances when the filing period might be extended:
The set standard time limit as per section 2A:14-2 of the New Jersey Statutes is two years:
They outline the personal injury statute of limitations at New Jersey Statutes section 2A:14-2, which limits the time for action at law within two years, after which the claim for compensation expires.
The deadline is a two year limit from the time the injury occurred. Victims are therefore required by the law to file almost all conceivable types of personal injury lawsuits within two years, after which they are considered groundless.
The liability principle of intentional tort drives most cases. This implies intentional acts or acts of negligence, which is the case in most mishaps, and they all fall within the bracket. As a casualty of either, you are required to ask New Jersey’s courts for compensation for your losses within two years, after which you get the initial documentation and other required paperwork filed in court.
What if you miss the filing deadline?
Failing to meet the two-year deadline renders your case baseless. When you insist on filing your personal injury lawsuit after this, it’s almost certain the company or person you’re trying to sue will submit a “motion to dismiss” and present this fact 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, 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. Meeting them gives you negotiations’ leverage.
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 the victim of the injury has a mental disability impairing him or her from understanding their legal rights, they are entitled to the two years once they regain mental well-being. This is also the case for people under the age of eighteen, where they can commence legal action on attaining the appropriate age.
If the person who is accused of the victim’s injuries exits New Jersey after the accident, but before the lawsuit can be filed. In this scenario, the period under which they are absent may not be considered as part of the two years. The plaintiff, however, has 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. Our lawyers possess the expertise you can trust.
