One critical aspect of a car accident claim that sometimes gets overlooked is the statute of limitations. This legal framework sets the deadline for filing a personal injury or wrongful death lawsuit in New Jersey’s courts following an accident. Currently, the statute of limitations for a NJ car accident is two years from the date of the injury. This means that if you have been injured in a car accident, you have two years to file a lawsuit against the party at fault. Failing to file within this timeframe results in the loss of your right to seek legal recourse for any damages suffered.
In addition to a claim for personal injuries, a claim for property damage arising out of a motor vehicle accident also carries with it a statute of limitations. However, that statute of limitations is six years.
Are There Any Exceptions to the Rule?
While the two-year statute of limitations is a strict deadline, there are exceptions that may extend, toll, or otherwise alter the time limit. It is crucial to be aware of these exceptions to ensure that you do not miss your opportunity to file a claim. Typically, an exception applies when:
- The plaintiff is a minor. If the individual injured in the New Jersey car accident is a minor (under the age of 18), the statute of limitations does not begin to run until two years after they reach the age of majority which in New Jersey means 18 years old. This means they have until their 20th birthday to file a lawsuit.
- The plaintiff is mentally incapacitated. If the victim is mentally incapacitated at the time of the accident and cannot reasonably manage their affairs or understand their legal rights, the statute of limitations may be tolled (paused) until they regain capacity.
While these exceptions are not that common, it is important to be aware of them if you decide to file a claim. If you miss the deadline, the court is unlikely to hear any lawsuit regarding your claim.
Navigating New Jersey Car Accident Laws
Beyond the statute of limitations, New Jersey car accident laws encompass a range of regulations that affect claims and lawsuits. New Jersey follows a “no-fault” insurance system, meaning that, regardless of who caused the accident, your car insurance will cover medical treatment and other out-of-pocket losses. However, the right to sue for additional compensation, especially for pain and suffering, is limited and depends on the choices made in your insurance policy.
Understanding these nuances is critical for anyone involved in a car accident in New Jersey. It is not just about knowing the statute of limitations for a NJ car accident; it is also about understanding how these laws interact with insurance policies and the broader legal system.
Why the Timing of Your Claim Is Critical
Some claimants may be tempted to wait before they file a car accident claim. However, initiating your claim well before this deadline is often in your best interest for several reasons:
- It helps preserve evidence. Over time, evidence can be lost or become less reliable. Witness memories fade, and physical evidence can be destroyed. Starting the process early helps ensure that your claim is supported by the strongest possible evidence.
- It gives you leverage in negotiations. If the other party knows you have ample time to file a lawsuit, they may be more inclined to offer a fair settlement to avoid litigation.
- It helps you comply with policy terms. While the statute of limitations applies to lawsuits, insurance claims have their own deadlines, often requiring prompt notification of an accident.
While this certainly does not guarantee your claim will be successful, it gives you the best chance possible. This is why working with a New Jersey car accident attorney following a car accident is often recommended, especially if you have severe injuries.
Speak with an Attorney About Your NJ Car Accident Claim
The statute of limitations for a NJ car accident is a critical deadline that demands attention and strategic planning. You may find it difficult to manage this on your own during your recovery. However, the attorneys at Petro Cohen, P.C. are here to help. We have more than 200 years of combined experience with car accident claims and are committed to providing excellent representation every step of the way. To schedule a free consultation, call us or fill out our contact form.
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