When you are injured due to another individual or entity’s negligence or wrongdoing, you likely want to pursue legal action against them to recover compensation for your financial and other losses. If your injury occured on government property, however, it is important that you fully understand your legal rights and responsibilities, including whether or not the statute of limitations changes. To learn more and secure skilled representation, reach out to a New Jersey personal injury lawyer today.
What is the Statute of Limitations for Personal Injury Claims in NJ?
The statute of limitations for personal injury claims in New Jersey is two years, meaning that you have exactly two years from the date of the accident to file a claim or lawsuit against the negligent party. This rule is established by NJ Statute 2A:14-2, which states the following.
“Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued…”
There may be some extenuating circumstances that allow the statute of limitations to be extended, like if the victim was a minor or if they are mentally incapacitated. However, in general, the deadline to take legal action is two years. Once that time period has expired, you will not be able to pursue damages and compensation.
Does a Personal Injury on Government Property Have a Different Statute of Limitations in NJ?
Some states reduce the statute of limitations when an injury occurs on government property or due to the negligence of a government employee in an attempt to protect the state and local municipalities from liability. However, in New Jersey, the two-year statute of limitations applies to all personal injuries, even ones that happen on government property.
However, if you are injured on government property or as a result of government negligence, you may have other requirements to fulfill, most notably the notice of claim.
What is a Notice of Claim?
A notice of claim is a formal letter that you are required to send to the government when you are planning on pursuing legal action against them. It notifies them of your intent to file a claim or lawsuit and allows them time to gather information. The document should include the following information.
- The date, time, and location of the incident
- A detailed explanation of what happened
- The amount and types of damages you will be pursuing
The notice of claim must be sent within 90 days of the incident, per New Jersey law. As established, the statute of limitations is not adjusted if the injury occurs on state property, but you are met with additional and stricter rules.
For more information and knowledgeable legal counsel, reach out to an experienced attorney today.
