New Jersey Attorney Advises on Statute of Limitations Issues

Middlesex County lawyer helps injury victims enforce their legal rights

No matter how strong your personal injury case might be, you’ll be barred from filing a lawsuit if you miss the deadline set forth by New Jersey’s statute of limitations. This rule exists to promote timely and fair resolutions of legal disputes, but can bar you from pursuing justice for the harm you’ve endured. John VR. Strong, Jr. in New Brunswick can explain how the statute of limitations affects your case, and whether there is a viable exception that could extend your filing period.

Understanding the personal injury statute of limitations

In New Jersey, the general statute of limitations for personal injury claims is two years from the date the injury occurred. This rule offers reasonable protection for defendants, who might otherwise have to address claims brought after evidence disappears or witnesses are no longer available.

Common applications of the statute of limitations in NJ

Personal injury cases in New Jersey stem from incidents such as automobile accidents, industrial injuries, dog bites, defective products and premises liability claims where a property owner failed to maintain safe conditions for guests. For instance, if someone slips and falls on a wet floor in a grocery store, they would typically have two years from the date of the fall to file a personal injury lawsuit. Similarly, if someone is injured in a car accident, the two-year window also applies. However, if the defendant is a public entity—such as a city or township—the victim must first serve a notice of claim (usually within 90 days of the incident), and the lawsuit filing would typically follow.

Benefits and rights under the statute of limitations

The statute of limitations is designed to ensure that legal actions are brought while evidence is still fresh and available, helping maintain the integrity of the legal process. It compels plaintiffs to assert their claims diligently and safeguards potential defendants from indefinite threats of litigation. Knowing your rights and deadlines under the statute can be critical to obtaining the compensation you deserve. 

Navigating statutes of limitations with a knowledgeable attorney

Once the statutory period has expired, a victim loses their rights forever. This is a harsh result, especially for someone who’s been severely injured. There are special rules and exceptions that can modify the standard timeframe. An experienced attorney can determine whether your case fits any of these situations:

• Discovery rule — If an injury isn’t immediately apparent, the two-year period begins when the victim discovers, or reasonably should have discovered, the injury and its cause. This can occur in medical malpractice or toxic exposure cases.
• Minors and incapacitated persons — If the injured person is a minor (under 18) or legally incapacitated, the statute of limitations is tolled (paused) until the individual turns 18 or regains capacity. For minors, the two-year clock typically starts on their 18th birthday.
• Fraudulent concealment — If a defendant intentionally conceals the cause of an injury or their role in it, the statute may be tolled until the plaintiff discovers the deception.
• Defendant unavailable — If the defendant leaves the state, goes into hiding or otherwise cannot be served with a legal complaint, the statute of limitations might be tolled for the period of their absence. However, courts can require proof that unavailability actually prevented the injured party from filing suit because they were unable to serve the defendant through normal means.

Missing the statutory deadline can be devastating. Therefore, it's crucial to consult with a knowledgeable attorney as soon as possible after an injury. Prompt legal advice can preserve your rights and increase your chances of securing fair compensation.

Contact a Central Jersey personal injury lawyer to schedule a free consultation

John VR. Strong, Jr. in New Brunswick represents clients throughout New Jersey who have suffered injuries due to negligence. For a free consultation, call 732-979-2166 or contact us online. Se habla español.