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Statute of Limitations for Personal Injuries in New Jersey

People who become injured as a result of another party’s negligence sometimes wish to pursue a personal injury lawsuit. A personal injury lawsuit works to hold a negligent party responsible for injuries that occur as a result of their lack of care. Sometimes, people may hesitate to bring a lawsuit against another party for an extended period of time after an accident happens. This may be due to a fear that they cannot afford the legal fees that are associated with the lawsuit or they want to avoid causing any further trouble. This is usually the case if the claim would be filed against a friend or relative.

Many times, people do not realize that personal injury attorneys are paid on a contingency basis. This means the attorney only receives payment in the event that they recover an award for the injured party. In addition to this, the payment is generally taken out of the award that is recovered, not the individual’s personal finances.

New Jersey’s Statute of Limitations

It is very important that an individual does not wait too long to pursue a lawsuit if they are injured in a personal injury accident. This is because there is a statute of limitations on filing a lawsuit. A statute of limitations is a deadline that people are required to meet if they are planning to file a lawsuit against another party. In the state of New Jersey, an injured party has a two-year statute of limitations from the date of their injury to pursue a lawsuit for a personal injury case.

If an individual fails to file a lawsuit within this two-year time limit, the state of New Jersey will not allow them to bring a lawsuit against the negligent party.

Notice of Claim Requirements

If an individual becomes injured as a result of a municipality’s negligence, there is a different process in place to pursue a lawsuit. Generally, the state of New Jersey is protected from claims against the government under the New Jersey Tort Claims Act. However, Section 59:2-2 of the Act allows for an exception if an individual is injured due to the negligence of a public entity.

When this happens, the injured party can file a Notice of Claim. This gives notice to a municipality and informs them that the individual plans to bring a lawsuit against them. In New Jersey, people are allowed a period of 90 days from the date of the injury to file a Notice of Claim. An experienced personal injury attorney can assist individuals in navigating their case.

Contact our Firm

If you or someone you know sustained an injury in a car accident and wishes to speak with a skilled attorney, contact The Law Office of Roosevelt Nesmith today.