Statute of Limitations for Personal Injuries in New Jersey

If a person is injured because of another party’s negligence, they may wish to pursue a personal injury lawsuit. A personal injury case works to hold a negligent party liable for injuries that happen as a result of their negligence. There are cases in which people may wait to bring a lawsuit against a negligent party for a long period of time after an accident occurs. This may be because of a fear that they cannot afford the legal fees that are associated with the lawsuit or they do not wish to cause further trouble. This is usually the case if the claim would be filed against a relative or friend.

Many times, people do not realize that personal injury attorneys are paid on a contingency basis. This means the attorney is only paid in the event that they recover an award for the injured party. In addition to this, the payment is generally taken out of the recovered award.

New Jersey’s Statute of Limitations

When an injury happens because of negligence and the injured wishes to pursue a lawsuit, it is important that they not wait long to do so. This is because there is a statute of limitations on filing a lawsuit. A statute of limitations is a deadline that people must meet if they want to file a lawsuit against another party. In New Jersey, an injured party has a two-year statute of limitations from the date of their injury to pursue a lawsuit for a personal injury case.

If an individual does not file a lawsuit within this two-year period of time, the state of New Jersey will not allow them to bring a lawsuit against the negligent party.

Notice of Claim Requirements

It is important to know that a different process is in place to pursue a lawsuit if an individual becomes injured because of the negligence of a municipality. The New Jersey Tort Claims Act generally protects the state of New Jersey from claims against the government. However, Section 59:2-2 of the Act allows for an exception to this rule in the event that an individual is injured because of the negligence of a public entity.

If an individual is hurt because of a municipality’s negligence, they can file a Notice of Claim. This gives notice to a municipality that the individual plans to bring a lawsuit against them. In New Jersey, people are given 90 days from the date of the injury to file. An experienced personal injury attorney can help individuals navigate their case.

Contact our Firm

If you or someone you know sustained an injury in a car accident and wishes to speak with a skilled attorney, contact the Law Offices of Stathis & Leonardis, LLC. today.

Stathis & Leonardis, LLC is an experienced personal injury law firm in Middlesex County, New Jersey that is committed to helping clients who have been hurt because of the negligence of another party. If you have been involved in a motor vehicle accident or were injured on another person’s property, contact our firm today.

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