Understanding the New Jersey Statutes of Limitations
When you have been injured and need to take legal action to protect your rights, you want to move quickly, so that evidence that will support your claim is not lost, or the memories of crucial witnesses don’t fade. But it’s not just to your benefit to file your action in a timely manner…the law requires it. The state of New Jersey, like all other states, has what are known as “statutes of limitations,” enacted laws that set a time limit on filing a legal claim for losses or damages. With certain exceptions, if you fail to file your complaint within the time period specified in the statute, you lose your right to seek relief through the courts.
The New Jersey Statutes of Limitations Governing Personal Injury Actions
In New Jersey, a claim for damages in a personal injury action must typically be filed within two years. The only exception is a claim for monetary losses due to libel, slander or defamation, which carries a one year statute of limitation.
As a general rule, the time period for the statute of limitations begins to run at the time you suffer your injury. However, in certain situations, you may lack knowledge that you have sustained an injury. For example, you may seek medical care and incur loss because of medical negligence or medical malpractice—a doctor may fail to properly diagnose your condition, or may engage in some other type of negligence that does not immediately manifest itself. In New Jersey, the statutory period may not begin to run until you knew or should have reasonably discovered your injury.
Furthermore, the running of the time period may be stopped or “tolled” by certain events. Specific reasons to toll the statute of limitations in New Jersey include lack of mental capacity or age (if the injured person is a minority)
Contact Attorney Howard D. Popper
To schedule an appointment to discuss a personal injury claim, contact us online or call attorney Popper at 973-993-8787. We maintain office locations in Morristown and Newton, but come to your home or the hospital, if necessary. There is no charge for your first consultation.
We take all personal injury claims on a contingency basis. We won’t charge legal fees unless attorney Popper recovers compensation for your losses.