If you sustained an injury due to the negligence of another party, understanding the legal avenues available is essential to secure the compensation you need to restore your life to normalcy. Regrettably, many individuals are unaware of the specific timeframe within which a personal injury claim must be filed. Please continue reading as we delineate the statute of limitations for personal injury claims in New Jersey and detail how a dedicated Morris County Personal Injury Attorney can assist you during these trying times.
In New Jersey, the statute of limitations establishes the deadline for initiating legal proceedings subsequent to an injury. Failure to commence legal action within the stipulated timeframe will result in an absolute bar of recovery, thereby precluding the injured party from pursuing their claim, even if otherwise valid.
For the majority of personal injury claims in the Garden State, the statute of limitations is two years from the date of the injury. This mandates the filing of a lawsuit in court within this period to seek compensation for the damages endured. It’s imperative to note that the resolution of the case is not required within these two years; only its commencement.
The standard statute of limitations for medical malpractice cases deviates due to factors such as the “discovery rule” and “statute of repose.” The discovery rule postpones the commencement of the statute until the patient knew or reasonably should have known the sustained harm as a result of medical negligence. The statute of repose, conversely, establishes an absolute deadline for filing a lawsuit, irrespective of when the injury was discovered.
Furthermore, the statute for claims involving minors is two years from when the minor turns 18. In wrongful death cases, the statute is typically two years, but it starts from the date of the person’s passing. Prompt action is vital. While a two-year window exists, gathering evidence and securing witness accounts are best achieved by acting swiftly.
When a government entity is deemed responsible for one’s injuries, understanding the available legal remedies is paramount. While government agencies typically benefit from sovereign immunity against litigation, states have, under the Tort Claims Act, abrogated this protection, albeit with specific conditions. A Notice of Claim must first be submitted by those intending to file a lawsuit against a municipality for an injury.
A Notice of Claim formally advises the government of an individual’s intent to sue, providing them with sufficient time to investigate the claim’s merits. While the general statute of limitations for personal injury claims is two years, claims against the government have a considerably shorter period. Therefore, a Notice of Claim must be filed within 90 days of the incident to safeguard the right to pursue a claim for your damages.
For more information, please don’t hesitate to contact an experienced attorney at Lutz Injury Law.
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