Statute of Limitations for a Personal Injury Lawsuit in New Jersey

If a person is injured because of another party’s negligence, they may wish to pursue a personal injury lawsuit. Personal injury lawsuits work to hold a negligent party liable for any injuries they cause as a result of their negligence. Sometimes, people may wait to present a lawsuit against a negligent party for a long period of time after an accident. This could be due to a fear that they cannot afford the legal fees that come with the lawsuit or they do not wish to cause any further trouble. This is typically the case if the claim would be filed against a relative or friend.

Often times, people are not aware that personal injury attorneys are paid on a contingency basis. This means the attorney is only paid in the event that they recover an award for the injured party. If an award is recovered, the payment is usually taken out of that award, not personal expenses.

New Jersey’s Statute of Limitations

When an injury occurs because of negligence, it is important that an individual does not wait long to pursue a lawsuit if they wish to do so. This is because there is a statute of limitations on filing a lawsuit. A statute of limitations is a deadline that people are required to meet if they want to file a lawsuit against another party. In the state of New Jersey, an injured party has a two-year statute of limitations from the date of their injury to bring a lawsuit against a negligent party for a personal injury case.

If an individual does not file a lawsuit within this two-year time limit, the state of New Jersey will not let them pursue a lawsuit against the negligent party.

Notice of Claim Requirements

A different process is in place if an individual wishes to file a lawsuit because they were injured as a result of the negligence of a municipality. The New Jersey Tort Claims Act typically protects the state of New Jersey from claims against the government. However, Section 59:2-2 of the Act allows for an exception to this in the event that an individual is injured because of the negligence of a public entity.

If an individual is hurt because of a municipality’s negligence, they can file a Notice of Claim. This gives notice to the municipality that the individual plans to bring a lawsuit against them. People in New Jersey are given 90 days from the date of their injury to file a Notice of Claim. An experienced personal injury attorney can assist individuals in navigating their case.

Contact our Firm

If you or someone you know sustained an injury in a car accident and wishes to speak with a skilled attorney, contact Mattleman, Weinroth & Miller, P.C., today.

The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced defense attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding criminal charges and procedures.