When you are involved in an accident, the days, weeks, and months following your injury can feel like a blur. Between doctor’s appointments, speaking with insurance companies, and healing, you may have little time for anything else. However, it’s imperative to understand that there is a statute of limitations in place, impacting how much time you have to pursue a personal injury claim against the negligent party if you wish to do so. The following blog explores what you should know about these matters, including the importance of working with a Clinton, New Jersey personal injury lawyer to explore your circumstances and help you in the fight for justice.
What Is a Statute of Limitations, and What Purpose Does It Serve?
The statute of limitations is a rule that determines how long someone has to pursue a lawsuit against another party. It’s imperative to understand that this rule also applies to criminal law, as the state or federal government is bound by the statute of limitations when pursuing criminal charges. For example, if the state wishes to bring a felony charge against someone, it must do so within a certain time period, often dependent on the crime. Murder and terrorism, for example, have no statute, meaning they can be pursued at any point.
In New Jersey personal injury cases, the statute of limitations to file a claim against a negligent party for their actions is typically two years from the date of the accident. As such, if you are involved in a car accident on April 1, 2025, you will have until April 1, 2027, to take action against the other party. If you do not file a claim before the statute of limitations, you will be barred from taking legal action, as your case will be dismissed.
The statute of limitations is in place to ensure that timely legal action is taken. Not only does this help improve the accuracy of cases, as there is less time for memories to fade or evidence to be misplaced, but it also ensures the defendant does not have to have the potential for a lawsuit hanging over their head for an indefinite amount of time.
Are There Any Exceptions?
It is imperative, however, to understand that there are a number of exceptions to this two-year statute. Generally, you’ll find that if you did not discover your injury immediately, you will have two years from the date on which you discovered or should have discovered the injury. For example, you may sustain a brain injury that does not immediately appear but eventually causes a stroke three years after a slip and fall. As such, you would be eligible to file a claim up to two years from the date you discovered the injury. This also applies in instances of medical malpractice.
Additionally, minors who sustain injuries have the statute paused until their 18th birthday, when the two-year window begins.
As you can see, navigating a personal injury case in New Jersey can be incredibly difficult, which is why working with legal representation is critical. At the Law Office of Craig M. Rothenberg, our team understands how difficult these matters can be. That is why we will do everything in our power to help you fight for the compensation you deserve. When you need help, our firm is here. Contact us today to learn more.