clock of statute of limitations

Navigating the Statute of Limitations in New Jersey Personal Injury Cases

By Greg Kohn

When you’re injured due to someone else’s negligence, you may wonder how you’re going to put your life back together. You may wonder if filing a personal injury lawsuit to recover damages is the right thing to do. 

In many cases, it’s the only way you’re going to be able to cover all of the losses that you’ve incurred. That’s why it’s crucial to understand the legal timeframe within which you must file your claim. 

This timeframe is known as the statute of limitations. In this post, our New Jersey personal injury attorneys explore New Jersey’s personal injury statute, including exceptions and circumstances that may affect filing deadlines. By gaining a comprehensive understanding of the statute of limitations in New Jersey personal injury cases, you can better protect your rights and seek appropriate compensation for your injuries.

Let’s explore these limits together.

How Long Is the Statute of Limitations in New Jersey?

In general, New Jersey has a two-year statute of limitations for personal injury claims and six years for property damage claims, but exceptions and circumstances may affect these deadlines, so it’s best to consult New Jersey Title 2A Chapter 14 for specific details.

How Long After an Injury Can You Sue in NJ?

You generally have up to two years from the date of your injury to file a lawsuit against responsible parties in New Jersey, but exceptions exist based on factors like age and mental capacity at the time of injury, which could extend this deadline, so it’s crucial to consult with an attorney promptly following any injuries due to potential legal complexities.

Let’s go into some greater detail.

New Jersey’s Statute of Limitations for Personal Injury Cases

In New Jersey, the statute of limitations is the time limit to file a lawsuit after an accident, which is two years for personal injury claims and six years for injury to personal property.

  • Two-year limit for personal injury claims: Don’t wait too long to file a lawsuit for car accidents, medical malpractice, or other types of negligence-based lawsuits.
  • Six-year limit for injury to personal property: If someone else damages your belongings through their negligent actions, you have six years to file a lawsuit.

It’s important to understand these limits to file a claim and get the compensation you deserve. Insurance companies are notorious for dragging out their investigations and claims processes in the hopes that the statutes of limitations will run before you can file a lawsuit.

Exceptions and Circumstances Affecting the Statute of Limitations

Don’t let the two-year time limit for pursuing legal action in personal injury cases in New Jersey stress you out – there are exceptions and circumstances that can affect this statute.

  • Extensions for minors and those with mental disabilities: If the injured person is under 18 or has a mental disability, additional time may be granted to file a personal injury lawsuit under Jersey statute.
  • Affidavit requirement for absent defendants: If the defendant leaves New Jersey before being served with legal papers, an affidavit must be filed with the court to ensure fair treatment for all parties involved in the case.

For more information on personal injury cases and the limitations laws in New Jersey, consult a Jersey personal injury attorney.

The Discovery Rule and Filing Deadlines in NJ Personal Injury Cases

In New Jersey personal injury cases, the discovery rule allows plaintiffs extra time to file civil lawsuits beyond the two-year time limit set by the state statute.

  • The discovery rule applies when the injured person was unaware of their injuries until more than two years had passed.
  • Plaintiffs can also use the discovery rule if they were unaware that someone else was responsible for causing their harm through wrongful acts.
  • The discovery rule requires a reasonable expectation that the plaintiff should have known about the harm caused.
  • The discovery rule doesn’t apply to all personal injury cases.

It’s best to consult a New Jersey personal injury attorney who can explain the applicable limitations laws and help ensure your claim is filed in a timely manner.

Don’t Miss Out on Your Right to Compensation

When it comes to filing a personal injury claim in New Jersey, time is of the essence. If you’ve been injured in an accident, contact our legal team today for a free consultation. Your right to collect money for your injuries is at stake.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.