New Jersey Statute Of Limitations For Personal Injury
You should file a lawsuit against a party whose negligent actions led to you getting injured or your property getting damaged. However, there is a certain time limit within which you can file a lawsuit after the incident or accident occurs. After that time limit expires, you may not be able to get justice or compensation for damages you incurred in the accident. A knowledgeable personal injury lawyer will help you file a lawsuit on time, and help you get the compensation you deserve.
Why Time Limits On Lawsuits Exist
The time duration for filing a lawsuit starts running from the moment a person has a basis to sue- or from the moment the accident occurs. Different types of personal injury cases have different time limits for filing a lawsuit. A statute of limitation is important for two reasons. First, a statute of limitations ensures that a lawsuit is filed soon after the incident to help prevent evidence from disappearing. For example, files could be destroyed, witnesses may die or forget what happened if the plaintiff waits too long to file a lawsuit. Another reason these limits exist is to push plaintiffs to seek justice earlier than they would if the limits did not exist. In New Jersey, two years is the standard time limit for personal injury lawsuits, but there are exceptions. Most personal injury cases in New Jersey involve car accidents, product liability, premises liability, medical malpractice, and slip and falls.
What Happens When You File After The Deadline Has Passed
People who want to file a lawsuit after the two years have passed my face obstacles. The defendant will definitely file a “motion to dismiss” to emphasize to the court that the time limit has run out. A court is likely to respond by summarily dismissing your case effectively kneecapping your ability to seek justice at any point in the future. So hire an experienced New Jersey personal injury lawyer and file a suit as soon as possible after the accident.
Remember that in New Jersey the statute of limitations only requires the initiation of the lawsuit to fall within the time limit provided, not the completion of the case. Cases involving child victims do not have a time limit, and the statute of limitations clock starts running the moment the child reaches 18 years of age. Disabled people may also not fall under the umbrella of statute of limitations.
What If You Want To File A Lawsuit Against The Government
There are situations where a person gets injured because of negligent actions of an agency or employee of the state government. There are a different set of rules for cases in these kinds of situations. For example, you only have 90 days to file a claim with the New Jersey government not two years like in other personal injury cases. Then you have to wait six months after filing a claim before you can file a lawsuit. You do not have to file a lawsuit if the government has notified you that they want to settle the claim.
