State law in New Jersey does not give plaintiffs an unlimited amount of time in which to file personal injury cases. A law known as the statute of limitations imposes a deadline of two years from the date of the accident to file a claim, in most cases. With only rare exceptions to this rule, you must file within two years or forfeit the right to hold a defendant accountable. The courts are not lenient with enforcing this statute. It is imperative to contact a personal injury lawyer in New Jersey as soon as possible to avoid missing your deadline.
A few exceptions to the time limit in New Jersey could give you more or less time to file, however, depending on your case:
Delayed injury discovery - If something led you to discover your injury after the fact, such as a foreign object left inside of your body cavity that you don't discover until years after your surgery, you have two years from the date of discovery (or the date that a reasonable person would have discovered the injury) to file.
An injured minor. If the person wishing to seek financial compensation is a minor under the age of 18, the victim has two years from his or her 18th birthday to file rather than the clock starting on the day of the accident.
A wrongful death claim - If a loved one passes away due to the negligence of another person and you wish to bring a wrongful death claim in New Jersey, you have two years from the date of death rather than the date of the accident to file the forms.
A claim brought against the government - If the negligent party that you are trying to hold accountable is a government agency, New Jersey law shortens the statute of limitations to only 90 days from the date of the accident.
In general, you have two years from the date of any type of accident – a car crash, slip and fall, medical malpractice, dog attack, etc. – to file a personal injury claim in New Jersey. However, you may have a unique case with a different statute of limitations based on the circumstances. It is important to contact a lawyer right away after you get injured in Elizabeth. Prompt filing can help you avoid missing your deadline and losing the right to recover.