Every type of legal claim in New Jersey has a time limit before the courts will not accept it. This is commonly referred to as the “statute of limitations.”
While some states give injury victims three or even four years to file a lawsuit, New Jersey only provides two years to file a lawsuit. However, this rule might not apply if you were in a car accident but did not suffer serious injuries, as you might not be allowed to sue at all. For most other cases, you will have two short years to file your claim. Fortunately, our attorneys can quickly determine how long you have to file and prepare your lawsuit. Our highly experienced team can also see if any of the exceptions to the general statute of limitations apply to your situation.
Contact our New Jersey personal injury lawyers at Agrapidis & Maroules, P.C., by calling (201) 777-1111 for your free case evaluation today.
How Does the “Statute of Limitations” in Personal Injury Claims Work in New Jersey?
“Statute of limitations” is simply a legally dressed-up way of saying “deadline.” The statute of limitations places time limits on how long injury victims have to file a lawsuit. While placing a deadline on a victim might seem unfair, it is intended to promote fairness by not disadvantaging defendants with a late lawsuit. It also helps preserve evidence so cases can be decided with the most information available.
In New Jersey, the statute of limitations for a personal injury claim can vary depending on the circumstances of your case. Generally, you will only have two years, but several situations could extend that time. Our New Jersey personal injury attorneys can review your case to determine how long you have to file and whether any exceptions apply. The following is how the statute of limitations works in New Jersey injury lawsuits:
The General Statute of Limitations
If someone injured you through a wrongful act or negligence, you will typically have two years from the date the incident occurred to file your lawsuit, according to N.J.S.A. § 2A:14-2(a). This deadline would apply to most personal injury claims.
For example, you might have slipped and been injured on another’s property and need to file a premises liability claim. Alternatively, maybe you were injured by a defective or dangerous product and need to file a product liability claim, or you were the victim of an assault or battery or bitten by a neighbor’s dog. Other times, your doctor injures you, and you need to file a medical malpractice lawsuit. In most cases like these, you will have two years to file.
In cases of car accidents with a “limited right to sue” policy or work injuries covered by Workers’ Compensation, you might be limited in your right to sue in the first place. However, if you can sue, it should follow these same limitations.
Additionally, New Jersey’s general statute of limitations has several exceptions that can extend the deadline to file in your case.
Statute of Limitations for Cases Involving Minors and Legal Disabilities
One of the most common reasons for “tolling,” or pausing, the statute of limitations is because the victim was legally “disabled.” Legal disability refers to minors and those mentally incapacitated to the degree that they do not understand their legal rights and are unable to file a lawsuit.
Under § 2A:14-21, the statute of limitations will not start ticking until a minor turns 18. Once the victim turns 18, they will usually have two years from their birthday to file their claim. If mental incapacity is being claimed, the two-year period would run once the victim had the capacity to pursue their rights.
Statute of Limitations When the Defendant is Not in New Jersey
The time will also not be held against you if the defendant is not in New Jersey after the accident, according to § 2A:14-22(a). In some cases, the defendant does not live in New Jersey. In other cases, the defendant might have fled the state in fear of an impending lawsuit or criminal charges. However, you must be able to serve the defendant your lawsuit to have legal “service of process.” If you cannot find the defendant, due process cannot be satisfied.
You must show by affidavit that you attempted to serve the defendant where they were believed to be, and neither diligent effort nor “long-arm” service laws in other states helped. If the court agrees, the time will not start until the defendant returns to New Jersey.
Statute of Limitations for Lawsuits Against the Government
If a government employee caused your injuries, you will have a few deadlines to be aware of when filing a lawsuit against the government agency the employee worked for. Before you can even file a lawsuit against a New Jersey government entity, you must file a notice of claim with the agency. According to § 59:8-8(a), you only have 90 days from the accident date to file your notice. This is not much time, and your notice must include details of the accident, reports from your doctors, medical bills, and other necessary evidence, as per § 59:8-6.
If the agency does not address your claim or outright denies it, § 59:8-8(b) gives you two years from the date of your injuries to file your lawsuit against the government entity responsible.
Statute of Limitations and the Discovery Rule
The general two-year deadline would not apply if you did not know you were injured. In Lopez v. Swyer, the court adopted the “discovery rule” so that injury victims would not be penalized for not knowing about injuries they could not have discovered even with diligent investigation. Under this rule, the statute of limitations will not run until you know about your injuries or should have known after exercising reasonable care.
However, this is a tricky rule and highly dependent on the situation. It is always best to start your case quickly if you can do so rather than relying on this rule to save your case.
Our New Jersey Personal Injury Attorneys Can Help You Determine How Long You Have to File Your Claim
For your free case review with our North Bergen, NJ personal injury attorneys, call Agrapidis & Maroules, P.C., at (201) 777-1111.