Goldstein Ballen O’Rourke & Wildstein, P.C.
Goldstein Ballen O’Rourke & Wildstein, P.C.

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Do I have a time limit to file a personal injury claim?

On Behalf of | Oct 30, 2023 | Personal Injury

When it comes to seeking compensation for personal injuries, New Jersey has a statute of limitations.

This legal deadline sets a timeframe within which you must file your claim, failing which you may lose your right to seek compensation.

Time is of the essence

In New Jersey, the statute of limitations mandates that you initiate legal proceedings within two years of the date of the incident that caused your injury. If you fail to file your claim within this window, the court may dismiss your case and leave you without recourse.

Exceptions to the rule

While the general rule is the two-year window, there are exceptions. In some cases, the discovery rule may apply. This rule allows you to file a claim within two years of the date you discovered or should have reasonably discovered the injury. For instance, exposure to a harmful substance may cause an illness that does not manifest until years later. The two-year clock starts ticking from the date of discovery.

Cases involving minors

When personal injury claims involve minors, the statute of limitations is somewhat different. For children under the age of 18, the two-year timeframe begins when they turn 18. In other words, they have until their 20th birthday to file a claim. This provision ensures the protection of minors’ rights as they may not have the capacity to file a claim themselves.

In 2021, unintentional injuries accounted for 25.5 million emergency room visits. Oftentimes, those injuries may take time to show their true nature, which makes it important to keep in mind the statute of limitations for filing a personal injury claim.