The statute of limitations sets the timeframe for filing a lawsuit. When someone else’s negligence or intentional act causes injuries or death, the victim is entitled to compensation. But to secure the compensation you deserve, you must file your legal claim in court within the time specified by law. If you miss the filing deadline, your case will be dismissed as being “time-barred” or untimely filed.
Statutes of limitation exist to promote the timely resolution of legal claims and prevent evidence from becoming unreliable or stale. In New Jersey, the statute of limitations for most personal injury claims is two years from the date of the accident that caused the injury. However, there are important exceptions you must be aware of.
A statute of limitations is the law that sets the time period for filing a legal claim in court. Different statutes of limitation apply to different types of legal claims. Once the filing deadline has passed, you can no longer file your case in court. If you attempt to file a legal claim outside of the statute of limitations, your case will almost certainly be dismissed as being untimely filed.
Statutes of limitation are intended to promote fairness and efficiency in the legal system. They motivate people to pursue legal claims promptly by limiting the amount of time they have to file a lawsuit. If someone waits too long to file a claim, memories may fade and important evidence may be lost or destroyed. From a public policy standpoint, potential defendants should be able to move on without fear of being sued for old or long-forgotten disputes.
Every state has statutes of limitations. Factors that affect the specific amount of time a person has to file a legal claim include the state where the claim will be filed, the type of claim, and the victim’s age.
The statute of limitations for most personal injury claims in New Jersey is two years from the date the injury occurred. In cases where the injury was not immediately apparent, the statute of limitation begins on the date the injured person discovered or reasonably should have discovered the injury.
There are notable exceptions to the two-year statute of limitations in New Jersey.
If you have a legal claim but are concerned you missed the filing deadline, you should still consult with an attorney as soon as possible. A lawyer can evaluate whether the filing deadline actually expired, if the case is subject to any exceptions that would extend the statute of limitations, or whether the case can proceed under a different legal theory.
It is best to file a personal injury lawsuit as quickly as possible after an accident or injury. If you wait, evidence may be lost or destroyed, witnesses may move away, their memories may fade, making it difficult to negotiate a settlement or litigate the case. If you wait too long, you could jeopardize your claim. If you are unsure whether you have a legal claim, you should speak with an experienced New Jersey personal injury attorney who can analyze your situation and explain your rights and options.
With over 30 years of experience, John C. Iannelli is a seasoned New Jersey personal injury lawyer who has earned a reputation for achieving exceptional results for his clients. He can evaluate your claim, advise you on your rights, and fight for the compensation you deserve. Contact Iannelli Law today to schedule an appointment to discuss your situation with an experienced New Jersey personal injury attorney.
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