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NJ Statute of Limitations for Personal Injury

Dawn Pinnisi

February 29, 2024

If you have been injured in New Jersey due to another party’s negligence, you can file an injury claim to seek recovery for the resulting losses and injuries. However, the timeframe within which to do it is limited. This is because New Jersey’s statute of limitations for bringing personal injury claims is set to two years from the date of the injury. If you miss the deadline, you severely limit your options for seeking compensation.

It is critical to hire a New Jersey personal injury attorney to help handle your case within these important timelines. An experienced lawyer will review your case and design a strategy to maximize your chances of a successful outcome and maximum compensation. Below, we discuss more personal injury cases and possible exceptions to the NJ statute of limitations.

The New Jersey Statute of Limitations

New Jersey has set up a timeframe within which you can file your lawsuit for the losses you endure due to injuries caused by someone else’s negligence. According to N.J. Stat. §2A:14-2, you have two years to bring your personal injury claim.

It’s important to know that claiming personal injury compensation can sometimes be a long process, and insurance companies may employ various tactics, including delays in handling claims. This is a strategy they use to assess and sometimes challenge the validity of the claim. You need to stay vigilant because insurance companies may capitalize on any delays to challenge your claim, especially if your claim is filed after the statute of limitation expires or the deadline is drawing near.

To safeguard your rights and see to it that your claim is filed within the appropriate legal limits, it’s advisable to consult with a personal injury attorney as soon as possible. They will guide you through the process, make you understand your rights, and take the necessary steps to keep your case within the required timelines.

Circumstances Affecting the Statute of Limitations

In New Jersey, the time frame for filing personal injury claims is influenced by various circumstances. This means that there are circumstances that can change the usual timeframe within which a legal action must be initiated. These include the following:

  • Discovery rule. If the injury is not immediately evident or discoverable, the two-year countdown may commence from the date the injured party discovers that they have an injury or should have reasonably become aware of it. This often applies in cases of medical malpractice or exposure to harmful substances.
  • Government entities. Another tolling factor is the involvement of government entities. If a government entity is implicated in the personal injury, the injured party may be required to file a notice of claim within a shorter period, often 90 days, before pursuing a lawsuit.
  • Minority. If the person harmed was a minor at the time when the incident occurred, the statute of limitations may be tolled, meaning it doesn’t run until they reach the age of 18. This provision is in place to protect the rights of plaintiffs who may not be in a position to file a lawsuit themselves.
  • Mental incapacitation. If an individual is deemed mentally incapacitated at the time of the injury, the clock for filing a lawsuit may be tolled until they regain capacity or until a legal representative can act on their behalf.
  • Absent defendant. The affidavit requirement for absent defendants can influence the progression of personal injury cases in New Jersey, especially when the defendants involved are not within the state’s jurisdiction.

Note that most cases do not qualify for exemptions. Never assume that you have longer than two years to file a lawsuit, and never wait to begin the process. Once you believe you might have an injury claim, you should consult an attorney who can determine the timeline for your case and begin gathering evidence. Remember, time is of the essence, so never delay.

Contact New Jersey Personal Injury Attorney Today

Personal injury claims require sound legal handling to be able to achieve a positive outcome. A slight mistake, such as non-adherence to legal timeframes, may throw away your right to recover damages. However, with legal help from one of our personal injury lawyers from Varcadipane & Pinnisi, P.C., you can rest assured that your case is in the hands of a trusted professional.

If you are considering filing a personal injury case in New Jersey, don’t do it alone. Call us today at (201) 588-1500 or contact us online and let us review your case for free.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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