How Long Do I Have to File a Personal Injury Lawsuit in New Jersey?

If you have sustained harm due to the negligence of another person in New Jersey, it is important that you understand the state’s statute of limitations. Understanding how long you have to file a personal injury lawsuit is crucial in ensuring you do not miss out on your right to pursue compensation. Read on and work with a skilled Warren County personal injury lawyer today.

How Do I Know if I Have a Valid Personal Injury Claim?

A personal injury claim is generally valid if four key elements can be established: duty of care, breach of duty, causation, and damages. This means the defendant had a legal obligation to act with a reasonable amount of care, they violated their obligation, the violation directly caused the incident, and you suffered actual damages as a result.

If you have sustained injuries due to someone else’s negligence or wrongful action, you likely have a claim. Consulting with an attorney is the best way to evaluate the specifics of your case and confirm its validity under New Jersey law.

What Compensation Can I Recover?

When pursuing a personal injury lawsuit, you may be entitled to recover damages to cover various losses. Compensation typically falls into three main categories:

• Economic damages: These cover quantifiable financial losses, such as past and future medical expenses, lost wages, loss of future earning capacity, and property damage.
• Non-economic damages: These compensate for subjective, non-monetary losses, including pain and suffering, emotional distress, loss of consortium (loss of companionship/relationship), disfigurement, and permanent impairment.
• Punitive damages: In rare cases where the defendant’s conduct was particularly egregious, willful, or malicious, the court may award punitive damages. These are intended to punish the defendant and deter similar behavior in the future, rather than to compensate the victim for a specific loss.

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

The statute of limitations for most personal injury lawsuits in New Jersey is two years from the date of the injury or the date the injury was discovered. This means you generally have two years to file a complaint in court.

It’s important to note, however, that there is an important difference when filing a claim against a governmental entity, whether it be a state, county, or municipality. In these cases, you must file a formal Notice of Claim much sooner to inform the entity of your intent to take legal action. This must be done typically within 90 days of the injury. Failing to file this initial notice on time can bar your right to sue the government, even if the two-year statute of limitations for the lawsuit itself has not yet expired.

If you miss the deadline (either the two-year statute of limitations or the 90-day Notice of Claim period), you will almost certainly be prevented from pursuing your case, and the court will dismiss your lawsuit regardless of your claim.

Understanding your legal rights and responsibilities is crucial when pursuing compensation after a personal injury. Reach out to an experienced attorney for more information and representation today.