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How long do you have to file a personal injury claim?

| Jan 10, 2019 | Uncategorized |

Similar to all other states, New Jersey has a statute of limitations on most cases. This can lead to some complications with legal cases, such as one recent example where student athletes filed personal injury claims well after the state’s statute of limitations had expired. 

The reason statutes of limitations exist is to protect defendants. It is to encourage people to file lawsuits quickly. Without these statutes, someone could reasonably delay the proceedings, meaning the defendant could lose essential evidence in that time. Therefore, it is vital for anyone in New Jersey with a personal injury claim to pursue it promptly. 

What is the statute of limitations in the state?

In New Jersey, people have two years after the injury occurred to file a claim. Therefore, if you suffer an injury as a result of someone else’s negligence, then you need to act right away to try to receive compensation. However, there is a discovery rule in place. In most cases, a person will know if he or she sustained an injury right away, but there are other cases where an injury remains hidden. For example, a doctor’s misdiagnosis could lead a person to believe he or she is fine. A person may not discover an injury until months or years later. In this instance, the person would have to file a claim within two years of discovering the injury. 

What about for government claims? 

There are more rules in play if you suffer an injury from someone working for the New Jersey government. With this qualification, the person now has 90 days to file a lawsuit. After you file a claim, you will have to wait a minimum of six months before filing a lawsuit. The reason for this is that the government may try to settle out of court. You still have to file a lawsuit no matter what within two years of when the injury occurred.