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How Long Do You Have to File a Personal Injury Claim in New Jersey?

What Happens If Your Injuries Don’t Become Apparent for Months or Years?

How Long Do You Have to File a Personal Injury Claim in New JerseyIn New Jersey, as in all states, when you have suffered injury or loss because of the carelessness or negligence of another person, you have the right to take legal action to recover for your losses. You must do so, however, within a certain time frame, which is set forth in the New Jersey statute of limitations. In New Jersey, you must file a lawsuit for damages related to a personal injury within two years of the date of injury or death.

What Is the Purpose of the Statute of Limitations?

The statute of limitations offers benefits to both parties:

  • The more time that passes, the greater the risk that witnesses’ memories will fade or that witnesses will move or even die. The statute of limitations helps ensure that the case will be resolved while the parties have access to the best recollection of events.
  • A timely resolution of a legal matter minimizes the risk that evidence will be lost.
  • The statute of limitations ensures that the defendant doesn’t have to live in perpetual fear of a potential lawsuit.

What Happens If You Don’t Discover Your Injury at the Time of the Accident?

The injuries sustained in an accident may not become apparent until sometime after the incident. This is fairly common with traumatic brain injury.

In New Jersey, the statute of limitations for personal injury can be suspended under what is known as the “discovery rule.” The discovery rule holds that the period of time allowed to file a legal claim may be “tolled,” or extended, if the injured party could not reasonably discover the injury until weeks, months, or years after the accident. In those instances, the statute of limitations won’t start to run again until the injured party should have reasonably discovered the injury.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, including an auto accident, slip and fall, or workplace injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Prior results are no guarantee of a specific outcome in your case. Your results may vary based on your particular facts and circumstances.