Each state sets time limits on when people must take certain legal actions, including filing personal injury lawsuits. This is known as the statute of limitations. Under New Jersey’s statute of limitations, the time limit is generally two years, but there are exceptions.
What Are Statutes of Limitations?
Statutes of limitations are time limits for taking certain legal actions. They promote fairness in the legal system by:
- Ensuring legal actions are taken in a timely manner
- Encouraging cases to be filed when evidence is more reliable and witnesses are available
- Setting a final date so the defendant has a sense of finality
If the victim doesn’t file a case within the applicable statute of limitations, they give up their right to seek justice from the civil system.
New Jersey’s Statute of Limitations
New Jersey’s statute of limitations is usually two years. This time limit usually begins from the date of the accident. In wrongful death cases, the statute of limitations begins on the date of death.
The two-year statute of limitations applies to various types of personal injury cases, including:
- Car accident cases
- Medical malpractice claims
- Slip-and-fall accidents
- Truck accidents
- Dog bites
- Motorcycle accidents
- Wrongful death claims
- Product liability cases
Exceptions to the Statute of Limitations
Like with every rule, there are exceptions to New Jersey’s statute of limitations that give you more or less time to file your case, including:
Birth Injuries
Children injured by medical malpractice at birth in New Jersey have until their 13th birthday to file a claim. If a parent or guardian does not act by the child’s 12th birthday, the child can ask someone be appointed on their behalf to handle this type of claim.
Minor Plaintiffs
For other types of personal injury claims involving minor injury victims, the statute of limitations usually does not begin until the child’s 18th birthday.
Disabled Plaintiffs
If a plaintiff is considered incapacitated at the time of the accident, the statute of limitations is tolled or paused until their legal rights are restored.
Discovery Rule
In situations in which the plaintiff could not have reasonably discovered the injury immediately after the accident or incident that harmed them, the statute of limitations does not usually begin until the plaintiff discovers the injury.
Absence
If the other party does not reside in New Jersey and is, therefore, not subject to its jurisdiction, the time when they are residing outside the state will not count toward the filing deadline.
Government Agencies
While the exceptions above can give you more time to file a legal claim, some exceptions give you less time. For example, if you have a claim against a government entity, you may have to provide legal notice within 90 days and only one year to sue.
Contact Our Personal Injury Lawyers for a Free Consultation
The best way to determine the filing deadline for your case is to consult with an experienced New Jersey personal injury attorney. The legal team at Aronberg, Kouser, Snyder & Lindemann, P.A. can carefully analyze your situation and explain your legal rights and responsibilities. Call us today for a free case review.
