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One moment, everything is fine. The next, your life is upended by an accident you never saw coming. Maybe it’s a car crash on your way to work, a fall on an icy sidewalk, or a medical procedure that goes terribly wrong. In an instant, you’re dealing with pain, medical bills, and uncertainty about the future.
Amid the stress and physical recovery, filing a lawsuit may feel like the last thing you want to think about—but knowing your rights and acting within the right time frame can make all the difference. In this article, our New Jersey personal injury attorneys explain the statute of limitations so you can protect your rights and your future after an accident.
What Is a “Statute of Limitations” in New Jersey?
The statute of limitations is basically a deadline for filing a lawsuit. In New Jersey, the statute of limitations for personal injury claims—such as those arising from car accidents, slip and falls, or medical malpractice—is two years from the date of the injury. That means if you don’t take legal action within two years, you could lose your ability to recover compensation for medical bills, lost wages, and pain and suffering.
Exceptions to the Rule
While two years is the general rule, there are exceptions that might extend the deadline:
- Discovery Rule: Sometimes, an injury isn’t immediately apparent. If you don’t realize you’ve been injured until later, the statute of limitations may start from the date you discovered—or should have discovered—the injury.
- Minors: If the injured party is a minor (under 18), the clock doesn’t start ticking until their 18th birthday, which means they generally have until their 20th birthday to file a personal injury claim.
- Government Claims: If your injury claim is against a government entity (for example, slipping and falling in a puddle at the post office), you must file a notice of claim within 90 days of the incident or lose your right to sue.
It’s essential to understand these deadlines, as failing to act within the statute of limitations can result in losing your right to seek compensation.
The Importance of Acting Quickly
It’s easy to think, “I have time,” and push legal matters to the back burner. But the truth is, waiting too long can seriously hurt your case. Evidence can disappear, witnesses’ memories fade, and insurance companies are quick to challenge claims when too much time has passed.
What Happens If You Miss the Legal Deadline?
If you miss the statute of limitations, your case will likely be dismissed—meaning you won’t be able to recover any compensation. There are very few exceptions to this rule, which is why taking prompt legal action is so crucial. If you’re unsure whether the statute of limitations has expired in your case, speak to an attorney immediately.
How Nagel Rice, LLP Can Help
When you’re already dealing with the physical and emotional toll of an injury, the deadline to file a lawsuit is probably the last thing on your mind. At Nagel Rice, LLP, we’ve been helping injury victims in New Jersey for over 30 years. Our team knows the ins and outs of New Jersey’s personal injury laws and will handle the legal side of things so you can focus on healing.We offer free consultations, so you have nothing to lose by reaching out. Let us help you determine your next steps and fight for the justice you deserve. Contact Nagel Rice, LLP today.