In New Jersey, the statute of limitations for personal injury claims is two years from the date of the incident. For injuries to personal property, the statute of limitations extends to six years. In certain cases, the cause of an injury might not be immediately apparent, which can affect when the statute of limitations begins.
New Jersey allows you to seek compensation if someone’s negligent or intentional act causes injuries. However, there is a catch—you must file your claim within the New Jersey statute of limitations for personal injury claims.
Understanding this time-sensitive rule is crucial, and that’s where Petro Cohen, P.C. can help. Our firm can help you get justice for your damages. We can guide you through the process and seek the best outcome possible.
What is The New Jersey Statute of Limitations for Personal Injury Claims?
In general, you must file a claim within two years from the date of your injury. Courts strictly adhere to this law, and missing the filing deadline can jeopardize your case. While there are exceptions, you should not expect any flexibility for filing after the two-year mark. That is why you must work with a New Jersey personal injury attorney as soon as possible to ensure you file on time.
What Cases Fall Under This Statute of Limitations?
The NJ statute of limitations for personal injury claims applies to a wide range of cases. These usually involve physical or emotional harm caused by someone else’s negligence or wrongdoing.
Common types of personal injury cases that fall under this statute of limitations include:
- Car accidents,
- Truck accidents,
- Motorcycle accidents.
- Bicycle accidents,
- Pedestrian accidents,
- Slip and fall incidents,
- Dog bite injuries,
- Medical malpractice,
- Product liability, and
- Wrongful death.
These are just some examples of the personal injury cases we see. If you were hurt due to someone else’s neglect, contact Petro Cohen, P.C. to understand your legal options.
Exceptions to the Two-Year Statute of Limitations in New Jersey
Depending on your circumstances, you may qualify for an exception to the two-year rule. Our firm often helps plaintiffs with exceptions such as:
Discovery rule. If the injury is not immediately apparent or if it is a latent injury that becomes apparent later, you may be able to extend the statute of limitations from the date of discovery. This exception is extremely limited and seen most often, although infrequently in medical malpractice situations.
Injuries to minors. If you are a minor during the incident, courts will toll the statute of limitations until you reach age 18. You must then file a lawsuit within two years of your 18th birthday.
Mental incapacity. If you are mentally incapacitated at the time of the incident, you can request a toll on the statute of limitations until you regain capacity.
The defendant is absent. Defendants sometimes leave the state to escape liability. If so, courts may pause the statute of limitation until they return.
Qualifying for an exception is not an automatic process. You need a skilled attorney who can convince the court why you deserve an extension. If it has been over two years since your injury, Petro Cohen, P.C. may still be able to help you seek compensation.
Why Do These Limits Exist?
You may be wondering why courts impose these limits. While they may appear to prevent victims from seeking justice, these rules are particularly important safeguards.
Here are some of the ways they help ensure justice:
Promoting fairness. Statutes of limitations ensure that legal claims are filed on time, allowing for prompt resolution of disputes. This fairness principle prevents plaintiffs from bringing old claims with little evidence, ensuring a more equitable legal process for all parties involved.
Encouraging efficiency. By imposing time limits on when lawsuits can be filed, statutes of limitations help to streamline the legal system. They prevent courts from filling up with old, dormant cases, leading to quicker resolutions for fresh claims.
Preserving evidence. Time limits imposed by statutes of limitations encourage parties to gather and preserve evidence promptly after an incident occurs. This preservation of evidence is essential for ensuring a fair and accurate resolution of disputes, as evidence may degrade or become unavailable over time.
Overall, the statute of limitations in New Jersey for personal injury claims aims to balance the interests of both plaintiffs and defendants. Fortunately, our firm’s quick service can help you avoid any of the complications that come with filing a claim too late.
It is also very important to note that if your claim involves any type of public entity, such as the state, town, city, county etc., there are other notices that must be filed before the two-year statute of limitations. If you feel you are injured due to the conduct of a public entity, you should contact a qualified personal injury attorney immediately.
Need to Speak with a Personal Injury Lawyer?
Do not let the New Jersey statute of limitations for personal injury claims prevent you from getting justice. If you have been injured in New Jersey, contact Petro Cohen, P.C. Our experienced personal injury lawyers can help you seek compensation. We have recovered millions of dollars for our clients and are ready to fight for you next.
Call now to schedule your free consultation.
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