Personal injury cases can be emotionally draining for both the victim and their loved ones, making it hard to think about legal action immediately. However, one of the essential considerations in a personal injury case is the statute of limitations. It refers to a law that sets a specific deadline for filing a lawsuit. This article explains the statute of limitation for personal injury lawsuits in New Jersey.
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Understanding the Statute of Limitations
The statute of limitations sets a time limit from the time of an incident, during which a person has the right to file a valid lawsuit. If a lawsuit is not filed before the statute of limitations expires, the injured person loses their right to pursue legal action against those responsible.
In New Jersey, the statute of limitations varies depending on the type of personal injury lawsuit. Typically, the time limit ranges from two to six years, with some exceptions.
Personal Injury Statute of Limitations in New Jersey
Two-Year Statute of Limitations
In New Jersey, the following cases have a two-year statute of limitations:
- Personal injuries resulting from automobile accidents
- Defamation or slander
- Assault and battery
Three-Year Statute of Limitations
In New Jersey, the following cases have a three-year statute of limitations:
- Cases that involve medical malpractices
- Product liability lawsuits
- Wrongful death lawsuits
Six-Year Statute of Limitations
In New Jersey, the following cases have a six-year statute of limitations:
- Breach of contract cases
- Property damage lawsuits
- Fraud cases
Exceptions to New Jersey’s Statute of Limitations
Some situations may pause or extend the statute of limitations in New Jersey personal injury cases. A few exceptions include:
Delayed Discovery
The statute of limitations may be extended if a person cannot discover the personal injury until after it occurs. In this case, the individual has one year from the discovery date to file a lawsuit.
Minors
If a minor is involved, the statute of limitations does not begin until the minor turns 18 years old. Therefore, the minor can file the lawsuit within two years of their 18th birthday.
Government Entities
For cases involving government entities, the rules for filing a claim are different. A notice of claim must be filed within 90 days of the incident before filing the lawsuit. Failure to file a notice of claim within the 90-day window may result in dismissal of the lawsuit.
Why the Statute of Limitations is Important
The statute of limitations serves several purposes, including:
- Encouraging timely filing of claims: A statute of limitations ensures that plaintiffs act promptly in bringing their claims.
- Evidence preservation: With time, evidence can be lost or destroyed, which can make it hard for both sides to build their case.
- Finality and certainty: The statute of limitations allows individuals and businesses to know when their potential liability ends, giving them peace of mind.
Conclusion
The statute of limitations is a critical aspect of any personal injury case in New Jersey. It serves to protect both the plaintiff and defendant by setting a specific timeline for a plaintiff to file a lawsuit. It’s important to note that the time limit varies depending on the type of case, and exceptions exist in some scenarios. Therefore, it’s essential to consult with a personal injury attorney to determine the appropriate time frame for filing your lawsuit.
Understanding the statute of limitations can be complex, and failing to act within the mandated timeline could result in the loss of your right to seek compensation. If you or a loved one has been injured in an accident, consult with a personal injury lawyer as soon as possible to ensure that your case complies with the statute of limitations.