How Long Do I Have to File a Personal Injury Claim in New Jersey?

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM IN NEW JERSEY?

If you’ve been injured in an accident, one of the most important questions you might ask is, “How long do I have to file a personal injury claim?” This timeframe is governed by a legal concept called the statute of limitations. In New Jersey, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, there are exceptions and nuances that could impact your case, so understanding the details is essential.

The General Rule: Two Years

Under New Jersey law, most personal injury claims, such as car accidents, slip and falls, and dog bites, must be filed within two years from the date of the injury. This means that if you fail to file your claim in court before the two-year deadline, you may lose your right to seek compensation for medical bills, lost wages, and pain and suffering.

Why Does the Statute of Limitations Exist?

The statute of limitations exists to ensure fairness in the legal process. Over time, evidence can deteriorate, and witnesses’ memories can fade. By setting a deadline, the law encourages prompt action, preserving the integrity of the judicial system and ensuring that cases are based on the most reliable information available.

Exceptions to the Two-Year Rule

While two years is the general rule, there are exceptions that may either extend or shorten the time you have to file a claim:

Injuries to Minors:
If the injured party is a minor (under 18 years old), the statute of limitations does not begin to run until their 18th birthday. For example, if a 16-year-old is injured in a car accident, they have until their 20th birthday to file a claim

Discovery Rule:
In some cases, injuries or the cause of the injury may not be immediately apparent. For instance, if you were exposed to harmful chemicals and developed a health condition years later, the statute of limitations may begin when you discovered (or should have reasonably discovered) the injury and its cause.

Claims Against Government Entities:
If your injury involves a government entity, such as a fall on government-owned property, you must act much sooner. In New Jersey, you are required to file a notice of claim within 90 days of the incident. Failing to do so may bar you from pursuing compensation.

Medical Malpractice:
Medical malpractice cases often have their own set of rules. While the general two-year limit applies, the discovery rule frequently comes into play, as injuries caused by medical errors might not be immediately evident.

Don’t Wait—Act Now

Navigating the legal process can be overwhelming, especially when you’re recovering from an injury. Missing the statute of limitations deadline can mean losing your right to compensation, even if your case is otherwise strong.

At Richard J. Hollawell & Associates, our experienced personal injury attorneys are here to help you understand your rights and take timely action. We can guide you through the complexities of your claim, handle the paperwork, and negotiate with insurance companies so you can focus on your recovery.

Contact Us Today

If you or a loved one has been injured, don’t wait. Call Richard J. Hollawell & Associates today for a free consultation. Our team will ensure your case is filed within the required timeframes and fight to get you the compensation you deserve. Time is of the essence—reach out to us now to protect your rights.