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

It is generally a good idea to reach out to a personal injury attorney as soon as possible after an accident/injury occurs (for reasons further discussed below), but that doesn’t always happen for one reason or another. For example, you might not have understood your rights to legal recovery, you might have thought your injuries were not that bad, or perhaps you mistakenly assumed the person who caused your injury would do the right thing and pay your costs without the need for legal action.

Whatever the case is, you may still be able to bring a personal injury lawsuit for your losses even if the events that caused your injury occurred many months in the past, but you should not delay in reaching out to a personal injury attorney as doing so may limit your ability to win full recovery.

The Statute of Limitations in New Jersey

Under New Jersey state law, a plaintiff has two years in which to initiate a lawsuit a personal injury lawsuit, and this two-year statute of limitations also applies to medical malpractice actions, wrongful death lawsuits, and injuries based on defective products such as drugs, medical devices, or appliances.

This two-year statute of limitations generally begins to run when the injury occurred, meaning you would have two years from the date of an accident or similar event to file suit. But if you did not discover your injuries until a later date – as sometimes happen with medical malpractice suits or defective drug actions – then the two-year clock will not begin to tick until the date at which you discovered your injury, or should have discovered your injury with reasonable diligence.

The statute of limitations can be shorter or longer in some cases. For example, those injured while children may have a longer period in which to bring a case. If your action is against a New Jersey county or municipality, you may have a shorter window in which to bring the action.

Why You Shouldn’t Wait to Bring Your Case

Although it is the case that you have up to two years in which to file a personal injury lawsuit in New Jersey, sitting on your claim without speaking to an attorney is not recommended. Personal injury lawsuits required evidence of fault, and, the longer you wait, the harder it may be for your attorney to collect the physical evidence and eyewitness evidence necessary to make a compelling case for recovery. Furthermore, waiting to bring a claim also can mean a delay in the recovery of your medical expenses, lost income, and money owed for pain and suffering.

Call a New Jersey / New York Personal Injury Attorney Today

The experienced personal injury attorneys at SK Law have won over $90 million in compensation for our clients, and we are here to stand by your side as your allies and champions in winning the recovery you deserve from all potential defendants. Contact us today to speak to a personal injury attorney about your personal injury and what our team can do to fight for maximum recovery on your behalf.