Whether you have been involved in a car accident, a slip and fall or any other accident where someone else’s negligence caused you harm, it is crucial to understand and comply with the statute of limitations if you are thinking about filing a personal injury lawsuit in New Jersey. If you need to know more, please read on for more details, then contact a skilled Middlesex County personal injury attorney to learn what is the statute of limitations for personal injury claims in New Jersey.
How long is the statute of limitations in New Jersey?
The New Jersey personal injury statute of limitations sets a two-year deadline for the filing of all lawsuits seeking a legal remedy for “an injury to the person caused by the wrongful act, neglect or default of any person.” It doesn’t matter whether the case is driven by the liability principle of “negligence,” which applies to most claims, or intentional tort, which applies to civil cases filed over assault and other intentional conduct.
What happens if you miss the statute of limitations in New Jersey?
If more than two years have passed since the underlying accident and you still bring forth a lawsuit, the defendant will almost certainly point this out to the court and file a motion to dismiss. However, there are exceptions, which include the following:
- If the injured person, at the time of the underlying accident, is under 18 years of age or has a mental disability that prevents him or her from understanding his or her legal rights or commencing legal action, then once the person turns 18 or regains the proper mental capacity, he or she will be entitled to the full two years
- If the defendant leaves the state at some point after the underlying accident, but before the lawsuit can be filed, the time of absence probably will not be counted as part of the two years, so long as the plaintiff files an affidavit stating that serving the defendant was not possible
How can a Middlesex County personal injury attorney help you?
These cases have a tendency to languish in the state’s civil courts. A seasoned legal professional will see that it does not happen in your case. Furthermore, our firm can help you better assess your case and whether or not the statute of limitations will be waived in this instance. Do not go it alone. If all this sounds complicated, give us a call today.
CONTACT OUR EXPERIENCED NEW JERSEY FIRM
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 due to another party’s negligence. If you have been involved in a motor vehicle accident or were injured on another person’s property, please do not hesitate to contact our firm today.