Is There a Time Limit to File a Lawsuit?


You have a lot on your mind after your car accident. In addition to needing immediate medical attention, you may need to find transportation. You may also need to make arrangements to cover your absence at work. As a result, you may not be immediately thinking about filing a lawsuit – and that is OK.

The law understands that the days after your accident are going to be frenzied and hectic. You do not have to file a car accident lawsuit right away. However, it is important to know that the law does limit how long you have to file.

In New Jersey, you have two years from the date of your accident to properly file a lawsuit. It is also critical that the parties that you are suing are identified, properly named and timely served.

New Jersey Statute of Limitations and the Discovery Rule

It’s important to note that New Jersey does not recognize the discovery rule as a reason to extend the statute of limitations in these cases. In other words, instead of starting from the time the injured person discovers or reasonably should have discovered the injury, the clock starts ticking from the date the accident occurred.*

Take Action Immediately to Protect Your Rights

It is recommended that you do not wait to contact a New Jersey law firm with experience handling Limitation on Lawsuit injury cases. The sooner you contact a lawyer, the sooner your lawyer can fight for your just recovery. Take the steps that are necessary to protect your right to a full recovery.

Call us today to consult with a lawyer about your rights.

 


*The New Jersey Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. §§ 39:6A-1.1 to -35, requires a plaintiff to produce a physician’s certified statement that the automobile accident victim suffered from a statutorily enumerated injury. N.J.S.A. § 39:6A-8(a). The physician’s certified opinion must be based on objective clinical evidence derived from accepted diagnostic tests and cannot be dependent entirely upon subjective patient response. An accident victim who sues for non-economic damages has to satisfy only one of AICRA’s six threshold categories and does not have the additional requirement of proving a serious life impact. To vault AICRA’s verbal threshold an accident victim need only prove an injury as defined in the statute.

Davidson v. Slater, 189 N.J. 166, 169, 914 A.2d 282, 284, 2007 N.J. LEXIS 23