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Is there a deadline for personal injury claims in New Jersey?

On behalf of Cohn Lifland Pearlman Herrmann & Knopf LLP | Oct 23, 2018 |

Anyone in New Jersey injured due to someone else’s negligence has a right to seek compensation for losses incurred. The list of potential damages could include medical costs, lost wages, diminishment of normal previous function, emotional distress or other pain and suffering.

The scope of possible of injuries one can endure is wide and so is the time that it can take to determine whether full recovery will be possible. A simple broken bone could take weeks or months to mend. Traumatic brain injuries could take longer and full recovery might never happen. The law, however, sets deadlines for injured parties to bring legal action against negligent parties. Missing a deadline can derail any right to seek damages.

Various statutes of limitations

The time New Jersey allows for filing a negligence lawsuit over physical injury stemming from incidents involving private individuals or entities is two years. The window for filing an action in cases claiming damage to personal property is six years.

As noted earlier, there can be situations in which the nature or seriousness of an injury isn’t immediately known. In those instances, state law adjusts the point at which the limitations clock begins to the point of discovery.

If the target of the liability claim is a government entity, additional factors come into play. Any claimant seeking compensation from a town, city, county or state agency must file a notice of claim within 90 days of the incident. You must file proper forms, containing specific details, for the claim to be considered. If the claim is denied and a suit is required, additional deadlines arise.

Having read this far, you can appreciate the importance of consulting an experienced attorney as soon as possible after an injury to understand your options and protect your rights.