Understanding Statutes of Limitation in a Car Accident

automobile accident

Statutes of limitations restrict civil lawsuits by imposing filing limits on plaintiffs. 

In personal injury accidents and car crashes, injury victims are particularly vulnerable to the rules and regulations affecting their right to damages. While victims focus on healing and recovery, they need skilled legal counsel to represent their best interests.   

Experienced New Jersey car accident attorneys work with car accident victims to protect their rights to pursue compensation by legal process.

What Is a Statute of Limitations?

A statute of limitations is the set time limit, generally in years, that a plaintiff has to file a civil lawsuit against a defendant.  Any case not filed within the time limit risks the action being time-barred and the plaintiff forever losing their right to file the lawsuit. 

Time limits vary by type of action and from state to state. It’s critical to seek legal counsel when filing a car accident lawsuit to meet your claim’s applicable deadlines in your state.  

Statutes of Limitations and New Jersey Car Accidents

Several statutes of limitations govern car accident claims in New Jersey. An experienced New Jersey car accident lawyer will be able to assess your situation and ensure that your right to sue for damages is protected by meeting the regulating time limits.

  • If you claim property damage without injury, you have up to six years from the date of loss to file your claim.  
  • If you are filing a personal injury claim or wrongful death action, you have only two years from the date of injury or death to file your claim. 
  • Minors suffering an injury car accident have two years from their 18th birthday to file a lawsuit and comply with the statute of limitations. 
  • In cases involving a New Jersey state vehicle, you must submit a Notice of Claim to the appropriate government agency within 90 days to protect your right to compensation.

Didn’t Meet the Statute of Limitations in a New Jersey Car Accident Claim?

Statutes of limitations protect both plaintiffs and defendants. The plaintiff’s benefit by taking action while facts, evidence, and witnesses remain intact, viable, and uncorrupted. Defendants are protected from living under the constant worry of potential future lawsuits.

So what happens if you fail to file your lawsuit under the statute of limitations? 

If a car accident victim fails to file an injury lawsuit within two years from the date of injury, their action is time-barred, and they forfeit their right to remedy through the courts. 

Experienced car accident lawyers work diligently to protect car accident victims’ rights to file lawsuits against at-fault parties.  The threat of a legal battle is valuable leverage during settlement negotiations and is often the final and only way to win compensation for their clients.  

How Can a New Jersey Car Accident Attorney Help Me?

If you or a loved one has been injured in a New Jersey car accident, the first thing you should do is seek medical attention.  The second thing you should do is contact a reputable and skilled New Jersey car accident lawyer.  

Gathering information, facts, and evidence immediately follow the car crash is vital to your case.  While you focus on your health and recovery, your attorney will take a proactive approach to protect your rights and get you the compensation you deserve.

Contact our office today to speak with an experienced New Jersey car accident attorney about your case.

Posted in: Automobile Accidents