Legal Timelines for Suing After a Car Accident in New Jersey
When you’ve been involved in a car accident in New Jersey, the last thing on your mind might be the legal deadlines for filing a lawsuit. However, understanding these timelines is crucial to ensuring you protect your rights and can seek the compensation you deserve. Here’s what you need to know about the legal timelines for suing after a car accident in New Jersey.
The Statute of Limitations in New Jersey
The most critical deadline to be aware of is the statute of limitations. In New Jersey, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. This means you have two years from the day of the accident to initiate a lawsuit against the responsible party.
If you miss this deadline, you may lose your right to sue and recover damages for your injuries. While there are some exceptions to this rule, they are rare and typically require specific circumstances.
Why Acting Early Is Important
While two years may seem like plenty of time, it’s essential to begin the process as soon as possible. Investigating a car accident, gathering evidence, obtaining medical records, and negotiating with insurance companies can take significant time. Starting early gives your attorney the best chance to build a strong case.
Additionally, the sooner you begin the legal process, the fresher the evidence will be, and the more likely witnesses will recall important details about the accident. This can significantly impact the strength of your case.
Exceptions to the Two-Year Statute of Limitations
There are a few exceptions where the statute of limitations might be extended:
- Minors: If the injured party is a minor, the statute of limitations does not begin until they turn 18. This means that a minor has until their 20th birthday to file a lawsuit.
- Discovery Rule: In some cases, the injury may not be immediately apparent. Under the discovery rule, the statute of limitations may start when the injury is discovered or reasonably should have been discovered.
- Government Entities: If your accident involved a government vehicle or employee, different rules apply. You may be required to file a notice of claim within 90 days, and the lawsuit must be filed within two years of the accident or injury.
Filing a Claim with Insurance
Before filing a lawsuit, most car accident cases start with filing a claim with the at-fault party’s insurance company. New Jersey is a no-fault state, meaning your insurance company will typically cover your medical expenses, regardless of who was at fault. However, if your injuries are severe, you may be able to step outside the no-fault system and file a lawsuit against the at-fault driver.
Consulting with an Personal Injury Attorney – Peter Michael Law, LLC
Navigating the legal process after a car accident can be overwhelming, especially when dealing with injuries and recovery. Consulting with an experienced car accident attorney as soon as possible is crucial to understanding your rights and ensuring all legal deadlines are met. An attorney can guide you through the process, negotiate with insurance companies, and represent your best interests in court if necessary.
If you’ve been involved in a car accident in New Jersey, don’t wait to take action. Understanding the legal timelines for filing a lawsuit is essential to protect your rights and ensure you receive the compensation you deserve. With the guidance of a skilled attorney, you can navigate the complexities of New Jersey’s legal system and focus on your recovery.
If you need help or have questions about your case, contact a New Jersey car accident attorney today for a free consultation.
