If you were injured in an accident caused by someone else’s negligence, one of the most important laws you should be aware of is the statute of limitations. If the filing deadline passes in your case, you can lose the opportunity to pursue justice and accountability through the courts. Here is what you need to know about New Jersey’s statute of limitations.
What Is a Statute of Limitations?
A statute of limitations is a law that establishes a time limit for taking certain legal action. Statutes of limitations apply to criminal cases, such as requiring a prosecutor to file charges within a certain amount of time of it being committed. They also apply to civil cases, including personal injury lawsuits.
Purpose of Statutes of Limitations
Statutes of limitations provide a certain sense of closure. Potential defendants do not have to worry about legal action being taken against them into perpetuity. Additionally, they ensure that affected parties take timely legal action while evidence is fresh and more reliable. Over time, witnesses can move out of the state, die, or forget critical information about the events. Evidence can also be lost or destroyed.
What Is the Statute of Limitations for a Personal Injury Lawsuit in New Jersey?
New Jersey’s statute of limitations generally gives accident victims two years to file a personal injury lawsuit. Typically, the clock begins on the accident date, so accident victims generally have until the second anniversary of the accident to file a lawsuit. For wrongful death claims, the statute of limitations is two years from the date of the accident.
However, there are times when the statute of limitations may be paused. For example, if the plaintiff could not have reasonably discovered the source of their injury, the statute is usually two years from the date of discovery. For cases in which minors are injured, the statute of limitations is two years from their 18th birthday. However, if the case involves medical malpractice that resulted in birth injury, the case must be filed before the minor’s 13th birthday.
There are also times when the plaintiff may have less time to file a lawsuit. For example, a notice of claim must be filed with the government agency or municipal body responsible for an injury within 90 days of the date of injury.
An experienced lawyer can review your situation and explain the rules that apply.
What Happens If the Statute of Limitations Expires Before I Take Legal Action?
If the statute of limitations expires before settling your case, you will typically be barred from pursuing your case. Regardless of how extensive your damages are or how clear liability is, you can lose the opportunity to recover compensation through the courts. For this reason, it is crucial that you contact an experienced personal injury lawyer as soon as possible.
Contact Us for a Free Consultation
The personal injury lawyers at Aronberg, Kouser, Snyder & Lindemann, P.A. want to safeguard your rights. We can explain your legal options for financial recovery when you call us at (856) 429-1700 or contact us online to schedule a free case review.
