If you, or someone you love was recently injured in a collision, in a
slip and fall accident, because of a dog bite or
medical malpractice, or in another type of accident, it’s important that you know that
there is a time limit for filing
personal injury claims in New Jersey, as is the case in all states.
When it comes to filing lawsuits, each state has established a “statute
of limitations,” which refers to the time limit for filing a lawsuit.
The statute of limitations varies depending on the type of case.
In New Jersey, the deadline (statute of limitations) for filing a personal
injury claim is
two years from the date of injury. If you, or someone you love was injured because
of another’s negligence, it’s critical that you abide by these
rules, otherwise, you lose your right to file a claim permanently.
If you are injured, for example, if your neighbor’s dog bit your
face and you wound up needing not one, but three surgeries, and you suffered
permanent disfigurement to your face and eye, you cannot let more than
two years pass, and then file a claim and expect compensation.
If you tried to file a claim for the dog bite more than two years from
the date of the attack, unfortunately, the court would reject your claim.
Even if you could prove that you had already spent $30,000 on your surgeries,
it would not make a difference to the court because the deadline for filing
a claim had expired.
You can find more information about New Jersey’s statute of limitations
in personal injury cases in New Jersey Code
New Jersey’s Strict Liability for Dog Bite Claims
Since we are on the topic of dog bite cases in New Jersey, we did want
to mention that New Jersey imposes “strict liability” in dog
bite cases. In some states, dog owners are protected to some degree if
their dog bites someone for the first time, specifically if they did know
that their dog was capable of biting someone. This is commonly known as
the “one bite rule,” however, New Jersey does not follow this rule.
Under N.J.S.A. 4:19-16, dog owners are strictly liable for any injuries
they cause, regardless of the dog’s previous good behavior. In effect,
a dog owner is liable for any injuries their dog causes, even if the dog
owner had no idea that their dog could be vicious or harm someone else.
Filing a Personal Injury Claim Against the Government
It’s important that you know that if you plan on filing a claim against
a government body (the state) in New Jersey, the rules are different.
Instead of having two years to file a claim, you have just
90 days from the date of the injury to file a claim with the state government.
Once a claim is filed with the state, you must wait
six months before you can file a lawsuit (assuming the government has not tried to
resolve your claim).
Looking for a New Jersey personal injury attorney to help you file a claim?
Contact Brandon J. Broderick, Attorney at Law for a free case evaluation!