If you have been injured in a slip and fall accident on someone else’s property due to their negligence, you may be eligible to file a premises liability claim. When a property is insufficiently maintained in New Jersey, injured parties have grounds for a legal claim against the property owner to recover financial compensation for the damages they’ve suffered. Premises liability claims are intended to hold the responsible parties accountable for their negligence. However, to pursue legal action against the negligent party, you must do so within the legally prescribed time limit. The statute of limitations sets a strictly enforced timeframe on an individual’s right to file a lawsuit in civil court. If you’ve been injured in a slip-and-fall accident on someone else’s property due to unsafe premises conditions, it’s in your best interest to contact a determined Morris County Slip & Fall Attorney who can help protect your legal rights. Please continue reading to learn how long you have to file a premises liability claim in New Jersey.
How Long Do I Have to File a Premises Liability Claim in New Jersey?
Firstly, it’s crucial to understand that states differ in the rights they grant under the law to people injured on someone else’s property, and those differences involve how long a person has to file a claim. As mentioned above, the statute of limitations is a law that sets the maximum time a party has to initiate legal proceedings from the date of an accident. The statute of limitations for most personal injury lawsuits, including premises liability claims, is two years from the accident date. While two years may seem like a long time, the days can swiftly pass. Therefore, it’s best to act sooner rather than later to safeguard your legal rights.
Nevertheless, there are some instances in which you have much less time to act. If you have been injured on government property, you must file a Notice of Claim within 90 days of the accident. A Notice of Claim must be served upon the municipality before a lawsuit can be instituted. This allows the government agency to investigate the merits of the claim.
What Happens If I Fail to File My Claim Within the Statute of Limitations?
You will face the absolute bar of recovery if you miss the legal deadline to file your premises liability claim. Failure to file your claim within the statute of limitations means you forfeit your rights to take legal action against the negligent party. Ultiamtely, if you fail to file your claim within the legally prescribed time limit, there won’t be much you can do. Regardless of whether the property owner was clearly negligent, they can file a court motion to dismiss the case.
If you believe you have a valid premises liability claim, please don’t hesitate to contact a dedicated attorney from Lutz Injury Law, who can help you navigate your legal options and fight for the compensation you need.