As with most civil lawsuits and criminal charges, personal injury claims must be filed within a certain time period to be legal in New Jersey. This concept is due to what is known as statutes of limitations laws. For those who fail to file personal injury claims within the established period of time, their case will likely be thrown out and the opportunity to recover financial compensation will be lost for good.
Today, our personal injury attorneys will discuss New Jersey statutes of limitations for personal injury claims, some other statutes of limitations, and what makes an individual eligible to file a successful personal injury claim in our state.
Passaic County, NJ Personal Injury Statutes of Limitations Lawyers Identify Time Constraints
It is important to understand that the start date of these time periods can be adjusted depending on the exact nature and circumstances of your case. For example, if you were injured in an accident, but only learned of a serious injury several months later, your Passaic County personal injury statutes of limitations lawyers may be able to successfully argue that you should be given the full time period starting with the date you learned of your injury, rather than the date of the injurious accident.
That being said, it is always recommended to not push the limits and it is safest to make sure you are well within the New Jersey guidelines. Here are some high level statutes of limitations based on different civil and criminal cases pursuant to N.J.S.A. Section 2A:14:
- Personal Injury claim – two (2) years
- Personal Injury claim against a government entity – 90 days. This is a special provision where claimants must file a notice of claim within this 90 day time period
- Medical Malpractice – two (2) years
- Medical Malpractice injuries sustained at birth – victims may be eligible for legal action on their 18th birthday
- Wrongful death -two (2) years
- Breach of contract – between 6 and 16 years
- Property damage – six (6) years
Bloomfield Personal Injury Attorneys Recover Financial Compensation for Injured Clients
Now that we understand that the majority of personal injury claims must be filed within two (2) years of an injurious accident, what else is required to build a strong personal injury case? There are four items which your Wayne personal injury attorneys must prove in order to recover financial compensation for most claims:
- You were involved in an accident
- The accident in question directly led to physical injury, death, and/or property damage (property damage alone is generally not sufficient to file a claim)
- The accident in question was caused by the negligence or recklessness of another party
- You incurred expenses due to your accident, including but not limited to medical expenses, lost wages, incidental expenses, and rehabilitation costs
For the vast majority of personal injury claims, proving negligence or recklessness is a must. However, some accidents fall under “strict liability” statutes, which mean that liability is assigned regardless of your ability to prove that the offending party acted negligently. Examples of strict liability personal injury claims include injuries suffered from dog bites or due to defective products.
Contact our Clifton Statutes of Limitations Personal Injury Attorneys Today
At The Law Offices of Fredson & Statmore, our personal injury statutes of limitations attorneys have over 50 years of experience helping clients recover full and fair compensation for their injuries. Our firm practices exclusively personal injury law, allowing us to focus on what matters most to our Passaic County clients from towns like Paterson, Clifton, West Milford, Woodland Park, Wayne, Little Falls, and all of Northern New Jersey. If you or a loved one has been injured in a motor vehicle accident, construction accident, slip and fall accident, drunk driving accident, or any other kind of accident, look no further when it comes to your legal needs.
For a free and confidential consultation regarding your accident, your injuries, and your potential for financial compensation through a personal injury claim, please contact us online or call our Clifton offices by dialing (973) 771-5259 today.