How Long Do I Have to File a Personal Injury Claim in NJ?

How Long Do I Have to File a Personal Injury Claim in NJ?

Posted By Brandon J. Broderick, Attorney at Law

11 Jul. 2018

When you buy a new vehicle, it comes with a warranty. In order for the manufacturer to honor their warranty, you must take your vehicle in to the dealership to get all of its scheduled oil changes and maintenance. After the warranty expires, if something originally covered in the warranty were to wear out or breakdown, you’d be out of luck. In other words, you can’t ask the manufacturer to repair or replace your vehicle after the warranty is no longer good.

When you purchase an appliance, an expensive vacuum, a computer, or something else of value, it might come with a manufacturer’s warranty. You know the routine: once the warranty expires there’s nothing the manufacturer will do to help if their product fails.

Personal injury cases can be compared to warranties or deadlines. To file a personal injury claim, you must do so within the state’s “statute of limitations.” Once that expires, plaintiffs have NO way of seeking compensation from the at-fault party.

Statute of Limitations in New Jersey

Like other states, New Jersey has statutes of limitations for all different types of civil cases. For example, the statute of limitations for assault and battery (intentional tort claim) is two years. The statute of limitations for collecting a debt is six years from the date of last payment, and it’s two years for a personal injury claim under N.J.S.A. 2A:14-2.

If you or someone you love was injured due to someone else’s negligence, it’s very important that you file a claim within the state’s two-year statute of limitations. Meaning, you must file a claim within two years of the date of injury. If you fail to file a claim within this small window, you lose the right to compensation permanently.

Shorter Deadline for Government Claims

Let’s say your injury was the result of an employee or agency of the New Jersey government. In this case, there is a different set of rules for these types of claims – there are more rules. In these situations, claims must be filed by the plaintiff with the state government within 90 days of the injury.

After the claim is filed, the plaintiff has to wait six months before they can file a lawsuit, unless the government reached out to settle the claim. The lawsuit however, must be filed within two years of the date of injury no matter what.

Related: Will My Case Go to Court?

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