How New Jerseys Statute of Limitations Impacts Personal Injury Cases

The New Jersey statute of limitations law sets the timeframe within which you must file a lawsuit to seek compensation for your injuries. Failing to adhere to these deadlines can significantly impact your personal injury case, so it’s important to understand how long you have to file a lawsuit after being injured. How long is this in the state of New Jersey? Find out what the law says and how quickly you should move to get justice for you and your family. 

What is the Statute of Limitations Law Regarding Personal Injury Cases? 

A statute of limitations is a law that establishes the maximum period within which legal proceedings must be initiated after an alleged offense. In the context of personal injury cases, this statute sets the deadline for filing a lawsuit against the party responsible for your injuries. This law ensures that cases are brought to court within a reasonable time frame, thereby preserving the integrity of evidence and witness testimony and providing a fair opportunity for both parties to present their case. 

Once the statute of limitations expires, the injured party generally loses the legal right to file a lawsuit, regardless of the merits of the case.  

How Long Do You Have to File a Personal Injury Case in New Jersey? 

In New Jersey, the statute of limitations for personal injury cases is generally two years from the date of the injury. This means that if you have been injured due to someone else’s negligence, you must file your lawsuit within two years from the date the injury occurred. If you were injured in a car accident on January 1, 2022, you would have until January 1, 2024, to file a personal injury lawsuit. Failing to do so within this period could result in the court dismissing your case, barring you from seeking compensation. 

What Happens After the Statute of Limitations is Up? 

If the statute of limitations expires before you file a lawsuit, you generally lose the right to sue the party responsible for your injuries. This means the court will likely dismiss your case, and you will be unable to recover damages for medical expenses, lost wages, pain and suffering, and other related costs. 

There are few exceptions to this rule, and courts are typically strict about adhering to the statute of limitations. Therefore, it’s important to act promptly and consult with an experienced personal injury attorney as soon as possible after an injury occurs to ensure that your legal rights are protected. 

Does the Statute of Limitations Change Based on the Type of Personal Injury Lawsuit? 

Yes, the statute of limitations in New Jersey can vary depending on the type of personal injury lawsuit. Some examples include: 

• Medical Malpractice: for medical malpractice cases, the statute of limitations is generally two years from the date you discovered, or should have discovered, the injury. This “discovery rule” allows for situations where the injury or harm caused by medical negligence was not immediately apparent. 
• Product Liability: in product liability cases, the statute of limitations is also typically two years from the date of injury. However, the discovery rule may apply if the harm caused by a defective product is not immediately evident. 
• Wrongful Death: for wrongful death claims, the statute of limitations is two years from the date of the deceased person’s death. This allows the family members or estate representatives to file a lawsuit seeking compensation for their loss. 
• Claims Against Government Entities: if your injury claim is against a government entity, the process is more complex. You must file a notice of claim within 90 days of the injury, and the statute of limitations for filing a lawsuit is generally two years from the injury date. 
• Minors and Incapacitated Individuals: in cases involving minors or individuals who are incapacitated, the statute of limitations may be paused until the minor reaches the age of 18 or the incapacitated individual regains capacity. 

Tips for Managing Your Personal Injury Case 

Given the strict nature of the statute of limitations, you should always move quickly if you believe you have a personal injury claim. Here are some tips to help manage your case effectively: 

• Seek Immediate Medical Attention: ensure that your injuries are documented from the outset, providing essential evidence for your case. 
• Consult an Attorney Early: an experienced personal injury lawyer can guide you through the legal process, ensuring that you meet all deadlines and build a strong case. 
• Document Everything: keep detailed records of your medical treatments, expenses, and any communications related to the injury and its aftermath. 
• Understand the Specifics: make yourself aware of the specific statute of limitations applicable to your case type to avoid missing critical deadlines. Your attorney should help you with this. 

Do You Have a Case? Move Quickly to Avoid Missing the Statute of Limitations 

Understanding the statute of limitations for personal injury cases in New Jersey will help protect your legal rights and ensure you can seek just compensation for your injuries. The two-year general limit gives you time, but you shouldn’t delay in finding out if you have a case. At Eichen Crutchlow Zaslow, our knowledgeable personal injury attorneys can help you meet all legal requirements and maximize your chances of a favorable outcome. If you have any questions or need assistance with your personal injury case, get in touch with our team today for a free case evaluation.