Understanding the statute of limitations in a personal injury claim is crucial to ensure that your rights are protected and you do not miss out on your opportunity to recover compensation for your damages. If you are considering taking legal action after an accident or injury in New Jersey, it is imperative that you are aware of the legal process and deadlines you must meet. Continue reading and work with an experienced Middlesex County personal injury attorney for skilled legal representation during your case.
What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time after an incident that legal proceedings can be initiated. Both criminal and civil issues have this type of statute attached to them. Essentially, after an incident occurs, you only have a certain amount of time to file a claim or lawsuit in pursuit of justice or compensation.
If you do not initiate legal proceedings and the statute of limitations expires, you lose your right to pursue a claim and recover compensation, regardless of the evidence or severity of the damage.
The purpose of a statute of limitations is to promote fairness for all parties involved and reduce the number of active claims and lawsuits. Over time, evidence can deteriorate or get lost, and witnesses may begin to forget important details. Having a time limit can help preserve the reliability of the evidence involved.
In addition, the statute of limitations prevents an individual or entity from having the threat of legal action held over them. If there were no time limit, there could be an indefinite threat of legal action, no matter how much time has passed.
It also encourages cases to be resolved faster. Parties will act with more haste when they know there is a ticking clock on their ability to recover compensation. This prevents a backlog of cases and leads to more timely resolutions.
What is the Statute of Limitations for Personal Injury Claims in NJ?
In New Jersey, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident or injury. This means that if you are injured in a car crash, slip and fall, workplace incident, or any other type of accident, you must file a claim or lawsuit within two years from the date of the injury to preserve your right to compensation.
If you miss the deadline, you could lose the chance to recover damages for your economic and non-economic losses, including medical bills, lost wages, property damage, pain and suffering, and more.
There are some exceptions to this rule, like if the injury was not immediately obvious, the injured party was a minor at the time of the accident, or the claim is against a government entity. To ensure you understand your legal rights and responsibilities, reach out to a skilled personal injury attorney today.
