If you have been the subject of a personal injury, you probably wonder how much time you have to sue for Personal Injury in New Jersey. The NJ Personal Injury Statute of Limitations is a complex web of laws and cases.
The first question that a person faces in a New Jersey Personal Injury case, whether it is a car or motor vehicle accident, workplace accident, slip and fall, etc., is who is at fault. If the party at fault for the Personal Injury is a public entity, then special rules apply. A public entity is the State of New Jersey, a County such as Essex, Hudson, Union, Morris, Passaic, Middlesex, etc., or a Town/City, such as Morristown, Florham Park, Newark, Jersey City, New Brunswick, Elizabeth, etc. When a public entity is involved, then New Jersey law requires that the entity receive notice of the possible New Jersey Personal Injury case within 90 days. While there can be extensions under extenuating circumstances, it is essential to provide notice in a timely fashion.
The next question in a New Jersey Personal injury case as part of the Statute of Limitations analysis is what type of Personal Injury case it is. If it is a case that falls into an intentional action, such as an assault, the Statute of Limitations will likely be only one year from the date of the accident. If the Personal Injury involves negligence, like most motor vehicle accidents, workplace accidents, and slip and falls, it will be a two year Statute of Limitations. This means that you have between one and two years to sue for Personal Injury.
In some situations, the two year New Jersey Personal Injury Statute of Limitations is firm. This is the case in a wrongful death case. A wrongful death case is where a person loses their life because of negligence. In wrongful death cases, New Jersey Courts have ruled that the survivors or Estate are on notice as of the date of death to investigate the cause of death.
In other situations, New Jersey Courts may permit a lawsuit to be filed beyond the two year time period based on the discovery rule. The discovery rule applies where a victim of a personal injury does not know enough information to be on notice to properly investigate and to file a New Jersey Personal Injury lawsuit.
It is essential that you contact an attorney as soon as you are aware that you may have a New Jersey Personal Injury lawsuit. You want to give your lawyer enough time to fully investigate the claim before filing the lawsuit. If you believe that you are the victim of a Personal Injury in New Jersey and would like to discuss your claim, please contact Ronald Wronko, Esq., at (973) 360-1001.