If you’ve suffered a personal injury due to someone else’s negligence in New Jersey, you may be able to pursue compensation through a personal injury claim. But, before you begin the claims process, it’s important to understand the time limits, or statute of limitations, for filing your claim in New Jersey.
Table of Contents
What is a Statute of Limitations?
A statute of limitations is a law that sets the time period within which a person must file a lawsuit or claim against another party. These time limits vary depending on the type of case and the state in which the incident occurred.
In New Jersey, the statute of limitations for personal injury claims is two years from the date of the injury. This means that if you don’t file your claim within two years of the incident, you may lose your right to pursue compensation altogether.
Exceptions to the Two-Year Rule
There are some exceptions to the two-year time limit in New Jersey. For example:
Minors
If the injured party was under the age of 18 at the time of the injury, the two-year period does not begin until they turn 18 years old. So, they would have until their 20th birthday to file a personal injury claim.
Incapacitation
If the injured party was incapacitated and unable to pursue legal action, such as being in a coma or suffering from a serious brain injury, the two-year period may be "tolled." This means that the clock stops running until the individual regains their ability to take legal action.
Government Entities
If your personal injury claim is against a government agency or entity, the process is different. In New Jersey, you must file a notice of claim with the appropriate government entity within 90 days of the incident. Once you’ve filed your notice of claim, you may have up to two years to file your lawsuit.
Why is it Important to File Your Claim Quickly?
Filing your personal injury claim as soon as possible is important for several reasons:
Evidence
The longer you wait to file your claim, the more chance there is that important evidence will be lost or destroyed. Witnesses may forget what they saw, and physical evidence may be misplaced or destroyed.
Statute of Limitations
As previously mentioned, the statute of limitations for personal injury claims in New Jersey is two years. Filing your claim as soon as possible ensures that you don’t miss the deadline and lose your right to compensation.
Negotiations
The claims process can be time-consuming, especially if the defendant and their insurance company are unwilling to settle. Filing your claim earlier in the statute of limitations period gives you more time to negotiate a fair settlement.
How Can a Personal Injury Attorney Help?
Navigating the legal process can be overwhelming, especially if you’re dealing with physical and emotional injuries. Hiring a personal injury attorney can help take the burden off of you and increase your chances of receiving fair compensation.
An experienced personal injury attorney can help you:
- Gather and preserve evidence
- Negotiate with the defendant’s insurance company
- File all necessary paperwork on time
- Determine the full extent of your damages
- Answer any questions you may have about the legal process
Bottom Line
If you’ve been injured due to someone else’s negligence in New Jersey, it’s vital to understand the statute of limitations for personal injury claims. Filing your claim within the two-year period can ensure you don’t miss the deadline and gain the compensation you deserve. If you’re feeling overwhelmed or unsure about the process, don’t hesitate to contact a personal injury attorney to help guide you through the legal process.