What Is The Personal Injury Statute Of Limitations In New Jersey?
A person can suffer a serious accident at any time. Occasionally, they can be prevented with caution, but sometimes they occur as the result of someone else’s negligence. Injured individuals often demand compensation for their suffering due slip and fall, dog bite, car accident or negligence on the part of another party. In order to pursue this, you may need to file a personal injury lawsuit.
How Long Is The Limitation Period In New Jersey?
Bear in mind that there is a limited time period for a plaintiff to seek compensation for the losses caused by personal injury. These time limits are set by law, known as a statute of limitations. Generally, a case must be filed within two years after the date of injury according to Personal Injury Statute Of Limitations In New Jersey.
New Jersey Statutes section 2A:14-2 spells out the limitations period for personal injury actions:
“Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued.”
What Happens If You Miss the Filing Deadline?
What is most important to know is that if the deadline is missed, the individual can not claim other party responsible for the damage caused.
In case you file a personal injury lawsuit more than two years after the accident, the defendant will almost certainly file a request for dismissal with the court. The defendant will probably file a “motion to dismiss”. As soon as your petition is dismissed, you no longer have the right to seek damages in court. It makes no difference how serious or the defendant’s injury could be.
If you intend to file a lawsuit against the defendant, New Jersey’s personal injury statute of limitations is critical. In addition, it is crucial in negotiating your personal injury settlement with the defendant and their insurance company.
What Are The Statutes Of Limitations In New Jersey?
Laws that set out time limits for filing lawsuits or making claims vary based upon the type of case. It is generally prohibited for a plaintiff to proceed with the case if they fail to file the lawsuit within this time period.
In general, lawsuits must be filed within the following time frames under New Jersey’s statute of limitations:
Lawsuits For Personal Injury:
- A two-year period after an injury for adults
- 2 years after the injury for minors of 2 to 18 years old
[ New Jersey Statute 2A-14-2(a) ]
Lawsuit For Wrongful Death:
- A 2 year time limit must be followed. The 2-year time limit also applies to claims for pain and suffering before death.
[ (New Jersey Statute 2A:31-3) ]
New Jersey Limitation Exceptions for Personal Injury Claims
State law suggests that a number of scenarios can delay or pause the operation of the statute of limitations, extending the amount of time one has to file a lawsuit. Some examples of these situations are as follows:
- In the case of a child who is younger than 18 years old or is mentally retarded and unable to assert his or her rights, the Personal Statue of Limitation gives them right to avail two years to sue after the they are normalized or turn 18 years old. This is mentioned under the New Jersey Statutes section 2A:14-21.
- It is possible that if the person who is alleged to have caused the injuries to the plaintiff leaves New Jersey after the accident occurred, that absence period will not be included in this two-year period. To avail the opportunity, the plaintiff must submit an affidavit explaining the whole matter and absence of the defendant. Follow the New Jersey Statutes Section 2A:14-22 in.
Get Legal Advice From Your NJ Personal Injury Lawyer
If the deadline for filing a claim is quickly approaching, you should consult an experienced NJ personal injury attorney. Rosengard Law Group offers professional legal assistance at 496 Kings Hwy N Suite 220B, Cherry Hill, NJ 08034. You can even call us at 856-284-6446 to avail a free case review.
