If another person recently injured you, you likely have damages that you need covered. Our lawyers can assess your losses and help you file a lawsuit to recover compensation.
It is important to start your case immediately after the accident since the statute of limitations typically only gives you two years to file a lawsuit. While this rule is strict, the limitations period might be paused depending on your situation. Our team can argue for an exception to buy more time if the person who injured you is out of state or you discovered your injuries after the statute of limitations expired. We can also help minors and people with a disability determine how long they have to file a claim. The sooner you start your case, the faster our team can preserve evidence and recover money for your damages.
For your free case assessment from our personal injury lawyers, contact Agrapidis & Maroules, P.C. today by calling (201) 777-1111.
How Long Personal Injury Victims Have Under the Statute of Limitations to File a Lawsuit in Englewood, NJ
When someone negligently injures another person, a clock, known as the “statute of limitations,” usually starts counting down right when the accident occurs. Under N.J.S.A. § 2A:14-2(a), the general time limit to file a lawsuit is two years from the accident date. Our personal injury attorneys can identify this deadline and use the time before filing your claim to preserve evidence and assess the financial and non-monetary damages that the other party caused. If a lawsuit is filed after two years from the date of the incident, the case will be dismissed, and the victim will not be able to pursue compensation any further unless a legal exception applies.
Exceptions to the statute of limitations toll the timeframe, effectively pausing the countdown until certain circumstances no longer prevent a person from exercising their right to file a lawsuit. However, exceptions are rare, applying to only a few situations.
Exceptions for Out-of-State Defendants
Perhaps a negligent driver hit you and fled to another state to avoid being sued or was only passing through. This is a common enough experience in Englewood, given its proximity to the state’s borders. If the “long-arm service” of your lawsuit cannot get the person to return, the statute of limitations will be paused until they do so, at which point you will have whatever time remaining when the limitations period was tolled to file your claim under § 2A:14-22(a).
Exceptions for Minors and Disabilities
Minors and individuals with recognized disabilities that prevent them from commencing a lawsuit at the time of the accident also have additional time to file under § 2A:14-21.
For victims under 18, the clock begins running once they turn 18 and have two years to make their claim.
Those with a disability will have two years from the day that they regain the mental capacity to pursue a lawsuit. Our team can use medical records and statements from expert witnesses to substantiate our claims that your disability prevented you from filing your claim within the limitations period.
Exceptions for Discovering Injuries After the Limitations Period Ends
In instances where victims could not discover their injuries until much later, potentially after the statute of limitations has run, then fairness might demand that the statute of limitations be paused or “tolled.” This is known as the “discovery rule.”
For example, a surgeon might leave an object in a patient, which the latter only discover swhen it causes problems but not before the limitations period has closed. Or, a person might not realize in time to file a claim that a defective product in their home is the cause of their injuries. Suppose the plaintiff had no reasonable means to discover the defendant’s misconduct and did not contribute to the lack of discovery. In that case, the court will likely disregard the statute of limitations as a matter of equity and allow the case to proceed.
However, it can be difficult to receive the benefit of this rule, and the burden of proof is on the plaintiff to show that they legitimately could not discover the defendant’s wrongdoing in time. The court will assess several factors to determine if the rule applies, including, but not limited to, the extent of the injuries, the time that has passed since the negligence occurred, the availability of written evidence and witnesses, whether the delay was intentional or deliberate, and whether applying the rule will prejudice the defendant in an unusual or peculiar manner. Our team can gather evidence to prove these factors and show any other circumstances that contributed to the delayed discovery of your harm.
Exceptions for Government Defendants
Unless one of the exceptions above applies in cases involving government defendants, individuals actually have less time to initiate their claims than what the general statute of limitations allows. According to § 59:8-8, you have 90 days from getting injured to file a claim describing the incident with the government agency responsible for your damages, or you will be completely barred from recovering compensation.
Suppose a negligent NJ Transit bus driver injured you in a collision or an Englewood municipal agency failed to address a dangerous condition in a public place, causing you to slip and fall. In such cases, we can file your claim with the government agency, even if we do not know the individual employee who caused your injuries.
A potentially liable public entity has six months from the day you file your notice to consider, negotiate, ignore, or deny the claim. If the claim does not settle, a lawsuit can be filed in the appropriate court at the end of the six-month period. However, you still only have a total of two years since the accident date to file a lawsuit, as per § 59:8-8(b). Our attorneys can keep track of the varying deadlines and will be ready to file your claim when the six months expire.
Call Our Englewood, NJ Personal Injury Attorneys for Help Filing a Lawsuit Today
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case review from our personal injury attorneys.