How the Statute of Limitations Affects a New Jersey Case
When you’ve been injured in New Jersey because of the wrongful or careless act of another person, you have the right to bring a lawsuit to recover compensation for all your losses. You must, however, bring your claim within a certain amount of time or it will be barred. In New Jersey, as in all other states, the rule of law requiring the timely filling of your claim is known as the “statute of limitations.”
What Is the Statute of Limitations on Personal Injury in New Jersey?
The statute of limitations is a written law, enacted by the New Jersey state legislature, that establishes time limits for filing a claim in court. There are specific statutes of limitations that apply to all legal procedures, from breach of contract to personal injury to criminal acts. In New Jersey, the statute of limitations for personal injury claims requires that any civil complaint be filed within two years of the date of the accident or injury.
What Is the Purpose of the Statute of Limitations?
The statute of limitations serves the combined interests of fairness and the effective and efficient administration of justice. Among the concerns are the potential loss, deterioration or destruction of physical evidence, as well as the fading memories of witnesses or parties to an accident. Furthermore, there’s a sense that it’s inherently unfair to allow a claim to hang over the defendant’s head for an indeterminate period of time. The interests of fairness support either bringing the claim within a reasonable period of time or permanently prohibiting it.
What Happens If an Injury Only Becomes Apparent Months or Years after an Accident?
In some cases, there are no physical manifestations of an injury for months or even years. In those situations, the statute of limitations may be suspended or “tolled,” such that the period in which the claim must be filed will be two years from the date when the injured party knew or should have know of the injury.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.