When Must You File a Personal Injury Claim in New Jersey?

When you’ve suffered any type of loss because of the careless or negligent act of another person, you have a right to take legal action to seek compensation for your losses. But you must do so within a specific period of time, and for good reason. The longer you wait to file, the greater the risk that witnesses will die, move or become difficult to locate, or that memories will fade. In addition, it’s not really fair to keep the possibility of a lawsuit hanging over someone’s head indefinitely. When are you required to file a personal injury claim in New Jersey?

The law that governs the length of time you have within which to file a legal claim is known as the “statute of limitations.” The statute of limitations can vary from jurisdiction to jurisdiction, and will typically be different for differing types of lawsuits.

In New Jersey, the statute of limitations on a personal injury claim is identified as “two years after the cause of any such action shall have accrued.” The same principle applies to wrongful death claims, though the statute starts to run on the date of death, not the date of injury.

There can be circumstances, though, where you are involved in an accident, but some of your injuries are not immediately apparent. In some cases, the full extent of your injury may not come to light for months or even years. Must you still file your legal action within the first two years after the date of the accident?

The answer, in New Jersey, as in every state, is “no.” New Jersey has adopted the “discovery rule” governing the statute of limitations in personal injury cases. The time period specified under the law does not begin to run until “the injured party discovers, or by the exercise of reasonable diligence and intelligence should have discovered” the injury. So, if you contract an illness caused by exposure to a toxic substance, or you suffer internal injuries in a car accident that you don’t discover for a period of years, you will likely still have a claim.

Contact Our Office

If you or someone you love has suffered needless injury because of the careless or negligent acts of another person, we can help protect your rights. For a private meeting with experienced personal injury attorneys, contact us online or call our offices, in New Brunswick at 732-247-3600 or in Somerville at 908-448-2560.