When Is It Too Late to File a Personal Injury Lawsuit in New Jersey?
A personal injury can have very negative consequences on your life, from physical limitations to extreme financial burdens. As a result, it is very important that you move quickly with any potential personal injury lawsuit. Otherwise, you might run the risk of missing the time limit on submitting your claim, which can obviously put you in quite a bind.
The attorneys at Peter Davis Law do not want to see this happen, and if you have been hurt in a personal injury case, you deserve to receive proper benefits. This includes keeping up to date with your injury timeline.
What Is the Statute of Limitations?
Anyone who has watched a police procedural on television has heard of the statute of limitations, but what exactly is it? When it comes to filing lawsuits, the statute is essentially the deadline before which the lawsuit must be filed. Any lawsuits submitted after this deadline will most likely be dismissed outright, though there are some ways you can extend a statute of limitations.
When it comes to personal injury cases specifically, the statute of limitations will typically run starting from the day on which you suffered the injury. In New Jersey, this period lasts two years. Any case submitted after this two-year window will be thrown out of court.
How to Extend the Statute of Limitations
There are a handful of ways in which you could extend the statute of limitations deadline on your personal injury case. These ways are outlined down below.
- Discovery Rule: Many states have a “discovery rule,” though it may be called something different depending on your specific state. The discovery rule works to extend a filing deadline if the injured person either did not know about the injury or did not know that the defendant caused the injury.
- Defendant Skips Town: You can have the statute of limitations extended if the defendant left the state after injuring you. In most cases, the time the defendant spent out of state is added to the extension, but as this kind of situation can be difficult to prove in court, you should not rely on it.
- Minor/Disabled/etc.: If the plaintiff is a minor, handicapped, or mentally ill, many states will allow an extension of the statute of limitations based on the circumstances.
File a Personal Injury Lawsuit Early to Avoid the Statute of Limitations
The best bet to avoid running afoul of the statute of limitations is to file your personal injury lawsuit as early as possible. Of course, in most cases, this is often easier said than done, and if you are struggling with painful rehabilitation or feel overwhelmed with sudden financial pressures, you need to get in touch with a professional attorney.
Peter Davis Law has specifically been working on behalf of personal injury victims for a very long time, and we want to be the ones to help you. So for any further information on what it takes to file a personal injury lawsuit, contact one of our representatives directly for help.