- Statute of Limitations: In New Jersey, the statute of limitations for personal injury lawsuits is typically two years from the date the accident occurred.
- Exceptions and Variations: There are some exceptions to the two-year statute of limitations, so it’s best to consult an attorney about your New Jersey personal injury claim.
- What Happens if You Miss the Deadline: If you miss the deadline to file your claim, you may be prevented from seeking compensation.
- Exceptions to the Statute: If you were a minor at the time of the accident, the two-year statute of limitations to file begins after you turn 18 years old. If you are suing a municipality, the statute of limitations is typically shorter.
- Medical Malpractice and Wrongful Death: Cases of medical malpractice and wrongful death also have a two-year statute.
- Legal Representation: By contacting an injury attorney at Meirowitz & Wasserberg, you can ensure your case is filed within the statute of limitations to obtain full and fair compensation.
Understanding the statute of limitations is a critical first step if you’re considering a personal injury lawsuit in New Jersey. In most cases, you have just two years from the date of the accident to take legal action against the at-fault party and pursue compensation for your losses.
Missing this deadline can mean losing your right to recover damages such as medical expenses, lost income, and pain and suffering. Because exceptions and nuances may apply to your situation, it’s important to speak with a knowledgeable attorney.
At Meirowitz & Wasserberg, our New Jersey personal injury lawyers can help you determine exactly how much time you have to file and guide you through every step of the legal process.
Quick Links
- Overview of New Jersey Personal Injury Statute of Limitations
- What Is the Statute of Limitations for Personal Injury in New Jersey?
- When Does the Statute of Limitations Begin and End in New Jersey?
- What if I Missed the Statute of Limitations Deadline?
- Exceptions to the New Jersey Personal Injury Statute of Limitations?
- How Personal Injury Lawyers With Meirowitz & Wasserberg Can Help You
Overview of New Jersey Personal Injury Statute of Limitations
In New Jersey, you typically have two years from the date of the accident to file a personal injury lawsuit against the at-fault party. However, this deadline can vary depending on the circumstances. For example, if you were a minor at the time of the incident, the clock usually starts on your 18th birthday.
Claims against government entities may have much shorter deadlines—sometimes as little as 90 days to file notice and one year to sue. In some cases, such as those involving delayed discovery of harm, the time limit may be extended.
What Is the Statute of Limitations for Personal Injury in New Jersey?
New Jersey generally imposes a two-year statute of limitations for personal injury, wrongful death, and medical malpractice claims. If your loved one died in a vehicle accident, you have two years from the date of death to file a wrongful death suit.
When Does the Statute of Limitations Begin and End in New Jersey?
For those wanting to file a civil lawsuit in New Jersey, the statute of limitations typically begins when the plaintiff discovers the injury or is involved in an accident.
There can be exceptions to this, such as medical malpractice, or if a minor experienced medical malpractice for injuries sustained at birth. Another exception occurs in cases of wrongful death.
What If I Missed the Statute of Limitations Deadline?
If you file after the statute of limitations expires in New Jersey, you cannot collect damages and wouldn’t be awarded financial compensation, even if you have significant injuries from another’s negligence.
Exceptions to the New Jersey Personal Injury Statute of Limitations
While New Jersey generally allows two years to file a personal injury lawsuit, there are several important exceptions to this rule.
Exceptions
If you’re underage at the time of the accident, the statute begins to run when you turn 18. However, if a plaintiff is mentally disabled by law at the time of the accident, the statute of limitations is paused until their legal rights are restored.
One exception to this rule is if a minor experienced medical malpractice from injuries sustained at birth. For birth-related injuries, under New Jersey law a minor typically has until their 13th birthday to file a medical malpractice claim.
If their guardian doesn’t act before their 12th birthday, the minor or someone 18 can then take action and petition the court to appoint a guardian ad litem to act on the minor’s behalf
Absence
If the other party is not a resident of New Jersey when you’re injured, the time they’re living out of the state will not count against the filing deadline.
Discovery Rule
In certain cases—such as product liability or toxic exposure claims—the injury or illness may not appear until long after the initial incident. Under New Jersey’s discovery rule, the statute of limitations begins when you knew or reasonably should have known that you were harmed and that the harm may have been caused by someone else’s actions.
Equitable Tolling
Equitable tolling is a legal principle that allows a court to extend the statute of limitations if a plaintiff can show that they were prevented from filing on time by circumstances beyond their control. This principle can be applied if:
- The plaintiff was misled by the defendant’s misconduct, causing them to miss the filing deadline
- The plaintiff was prevented from filing
Determining whether or not the statute of limitations has passed for your case can be complex. Discuss your case with one of our personal injury lawyers at Meirowitz & Wasserberg to better understand all your options.
How Personal Injury Lawyers with Meirowitz & Wasserberg Can Help You
Depending on the circumstances of your case, the statute of limitations for filing a lawsuit varies. Discussing your legal options is important, so you have time to file. Missing your deadline to file could mean missing out on the compensation you deserve for your injuries and other losses.
Scheduling a free consultation with a personal injury lawyer as soon as possible after your accident or injury can help initiate the claims process. An experienced personal injury attorney can also assist with thoroughly investigating your claim and maximizing the chances of obtaining compensation within the statute’s timeframe.
At Meirowitz & Wasserberg, our New Jersey personal injury attorneys have the experience, legal knowledge, and negotiation skills to fight for you. Reach out today for a free consultation.
