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How Long Do You Have to File a Personal Injury Claim in New Jersey?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 21, 2022

Read Time: 3 mins

In New Jersey, you have two years from the date of an accidental injury to file your lawsuit against the negligent parties. Apart from a few exceptions, if you wait more than that to file your personal injury claim, your lawsuit will be subject to dismissal.

The attorneys at the New Jersey personal injury law firm of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. in Bergen County urge individuals who have suffered accidental injuries not to wait until the end of this two-year period. You will have a smoother path to collecting the largest amount of damages you deserve if you retain a personal injury attorney. They will file your claim quickly while the evidence of your accident is still fresh and witness memories have not faded.

Certain circumstances will affect the two-year deadline to file a New Jersey personal injury claim

You should never assume that an exception will allow you to file your New Jersey personal injury lawsuit after the two-year deadline. However, in certain circumstances, a knowledgeable and experienced attorney might have an opportunity to argue for an extension of that deadline:

If the accident victim is under 18 years of age or is mentally infirm, the two-year filing period will begin to run when the victim reaches their 18^th birthday or when the mental infirmity no longer impairs their abilities
If the negligent party moves outside of the state before you have an opportunity to file your lawsuit, your attorney may seek to extend the deadline due to an inability to serve the lawsuit.

Another exception applies to negligence claims against public entities, including cities and counties. To maintain your claim against a public entity, you or your personal injury lawyer must file a detailed Notice of Tort Claim. It must include a description of your injuries and the specific damages you are seeking within ninety days after the accident.

Failure to file that Notice or the filing of a defective Notice may be grounds for dismissal of your lawsuit, even if the lawsuit is filed within the two-year New Jersey deadline.

If you file your claim after the two-year deadline, the defendant will move to dismiss your case

The attorneys who represent negligent parties and the insurance companies that are liable to reimburse you will look for every possible reason to dismiss your lawsuit– regardless of the level of the defendant’s responsibility. If you fail to file your claim within the allotted two-year period, your lawsuit will almost certainly be dismissed. To prevent this from happening, do not hesitate to contact and retain a lawyer as soon as you can. This holds true after you suffer injuries in a car accident, a slip-and-fall mishap, or other circumstances where a defendant’s lapse of reasonable care leads to your injuries.

Call the Law Offices of Kantrowitz, Goldhamer, & Graifman

Immediately After Your Accident

When you retain our lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we will verify that your claims are filed on time and that all notices are served on the proper parties. This ensures that we lock in your right to collect the largest amount of damages you deserve to recover. Please call our offices in Bergen County to discuss your claim directly with a member of our personal injury legal team.

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Client Reviews

    
 
 
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   LWelsh 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 86 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 89 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 124 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 147 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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How Long Do You Have to File a Personal Injury Claim in New Jersey?

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