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

By Kantrowitz, Goldhamer & Graifman, P.C.Personal Injury Lawsuits

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 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 18th 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, 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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