If you have been injured in an accident in New Jersey, one of the most important things you need to know is how long you have to take legal action. Missing this deadline can permanently eliminate your right to recover compensation, no matter how serious your injuries are. Here is everything you need to know about the personal injury statute of limitations in New Jersey.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a lawsuit. Every state has its own deadlines for different types of legal claims. If you miss the deadline in your state your case will almost certainly be dismissed by the court and you will lose your right to compensation forever.
New Jersey Personal Injury Statute of Limitations
In New Jersey the statute of limitations for most personal injury claims is two years from the date of the accident or injury. This means you have two years from the date you were hurt to file a lawsuit against the responsible party.
Are There Any Exceptions?
Yes — there are several important exceptions to the two year rule in New Jersey.
Claims Against Government Entities If your injury was caused by a government entity such as a municipality, county, or state agency, you must file a formal notice of claim within 90 days of the accident. This is a much shorter deadline and missing it can bar your claim entirely.
Injuries Involving Minors If the injured person is a minor, the statute of limitations generally does not begin running until they turn 18. This means they have until their 20th birthday to file a claim.
Discovery Rule In some cases injuries are not immediately apparent. Under the discovery rule the statute of limitations may begin running from the date you discovered or reasonably should have discovered your injury rather than the date of the accident.
Medical Malpractice Medical malpractice claims in New Jersey generally have a two year statute of limitations, but the discovery rule often applies in these cases as well.
Why You Should Not Wait
Even though you may have two years to file a lawsuit, waiting too long to contact an attorney is never a good idea. Here is why:
Evidence disappears quickly. Surveillance footage gets deleted, witnesses forget details, and physical evidence is lost. The sooner an attorney begins investigating your case the stronger it will be.
Insurance companies begin building their defense immediately after an accident. Having an attorney in your corner early levels the playing field.
Medical treatment gaps hurt your case. Insurance companies use delays in medical treatment as evidence that your injuries were not serious.
How Blaise Injury Law Can Help
At Blaise Injury Law, we represent personal injury victims across New Jersey, Pennsylvania, and New York. If you have been injured in an accident, do not wait until it is too late. Attorney Blaise Richards will evaluate your case for free and make sure your legal rights are protected from day one.
Call (856) 340-5685 or visit our contact page to get started today.