How Long After an Injury Can You Sue in NJ?
January 29, 2023
How long after an injury can you sue in NJ?
Technically, you can sue in NJ immediately after sustaining an injury due to the negligence of another. However, there are exceptions such as Title 59 matters, car accident cases or medical malpractice and, for practical reasons, your lawyer may want to, among other things, examine audio/video evidence or pictures and obtain experts before filing a lawsuit.
Title 59 Cases
Entities and individuals associated with an accident may be entitled to Title 59 protections. If so, a Notice of Claim must be filed before commencing a lawsuit. Once Notice of Claim is filed, the plaintiff must wait a period of time before the filing of the complaint.
Car Accident Cases
Many times, those injured in an auto accident have selected a “limitation on lawsuit” option on their own auto insurance policy. The “limitation on lawsuit” option prohibits those injured in a car accident to file a lawsuit unless the injury falls into one of the exceptions. One of the exceptions is when the victim sustains “permanent injury.” Proving a permanent injury in a court of law requires objective evidence of injury. It also requires a physician to certify that the victim has sustained a permanent injury. Generally, determining whether an injury victim has sustained a permanent injury takes time.
Medical Malpractice Cases
Medical malpractice cases generally require an Affidavit of Merit. While it is possible to file a lawsuit for medical malpractice prior to obtaining an Affidavit of Merit, a personal injury attorney may wait to obtain the Affidavit of Merit prior to filing the lawsuit for a number of reasons depending on the circumstances, which may possibly prevent the immediate filing of a lawsuit.
Two-Year Statute of Limitations
Under New Jersey law, you generally have two years from the date of an accident to file a lawsuit for personal injury.
If you or a loved one has been injured in an accident and would like to discuss the matter with a New Jersey Personal Injury Attorney, you can call the Sloan Law Firm at: (908) 358-2938. The initial consultations are always free. The Sloan Law Firm handles accident cases in Cranford, Elizabeth, Westfield, Plainfield, Union, Linden, Garwood, Kenilworth, Winfield, Scotch Plains, Fanwood and throughout New Jersey.
RECENT PERSONAL INJURY RESULTS
- $1,000,000 Recovery – Pedestrian hit by motor vehicle
- $850,000 Recovery – Motorist struck by truck on highway
- $250,000 Recovery – Husband and wife struck from behind on highway
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