Understanding New Jersey’s Personal Injury Statutes of Limitations
Posted on behalf of Lynch Law Firm on Jan 03, 2017 in Personal Injury News
If you are injured in New Jersey and wish to file a personal injury lawsuit, you are subject to the state’s statutes of limitations, which restrict the amount of time you have to file a claim.
In most New Jersey personal injury cases, the statute of limitations is two years.
This includes cases involving:
- Products liability
- Premises liability
- Medical malpractice
- Wrongful death
New Jersey’s discover rule may lengthen the amount of time a person has to file a personal injury lawsuit. In some situations, such as in cases of medical malpractice or toxic chemical exposure, the two-year time period may not start from the date the negligent act occurred, but rather when it is discovered by the victim or should have reasonably been discovered through intelligence or due diligence.
In certain situations, the statute of limitations may not start or accrue until the victim has met a specific condition, such as:
- Reaching age 18
- Being deemed legally sane
In the case of minors suffering personal injury, the statute of limitations does not start until the child reaches age 18. In the case of birth injuries caused by malpractice, claims against the medical professional or other involved parties have to be filed before the child reaches age 13.
The plaintiff must be mentally competent and able to understand the legal rights he or she possesses, or else the court may halt the statute of limitations until the person is considered legally sane by the court.
If you have been injured, it is in your best interest to work with a skilled New Jersey personal injury attorney to help recover the compensation you deserve. The personal injury attorneys of Lynch Law Firm will pursue your case, working to hold negligent parties responsible for the damages they have caused you, and to maximize your compensation settlement.
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