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Missing the Statute of Limitations in New Jersey | What You Should Know

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If you need to know more about New Jersey’s statute of limitations, please read on for more details on the filing deadline set by New Jersey law, why the deadline matters and when it might be extended. Then contact one of our skilled New Jersey personal injury lawyers to learn what you should know about missing the statute of limitations for personal injury claims in New Jersey.

What happens if you miss the statute of limitations in New Jersey?

Whether you have been involved in a car accident, a slip and fall or any other accident where someone else’s negligence caused you harm, it is crucial to understand and comply with the statute of limitations if you are thinking about filing a personal injury lawsuit in New Jersey. If you try to file your personal injury lawsuit after more than two years have passed since the underlying accident, the defendant will almost certainly point this out to the court, which will summarily dismiss your case. As such, you will lose your right to seek damages.

Are there any exceptions to the statute of limitations in New Jersey?

State law recognizes two exceptions to New Jersey’s personal injury statute of limitations. These exceptions are as follows:

  • If the injured person, at the time of the underlying accident, is under 18 years of age or has a mental disability that prevents him or her from understanding his or her legal rights or commencing legal action, then once the person turns 18 or regains the proper mental capacity, he or she will be entitled to the full two years
  • If the defendant leaves the state at some point after the underlying accident, but before the lawsuit can be filed, the time of absence probably will not be counted as part of the two years, so long as the plaintiff files an affidavit stating that serving the defendant was not possible

How can an Essex County personal injury attorney help you?

Suffering a severe personal injury can be traumatizing and have a significant impact on your life. Hiring an experienced and knowledgeable Essex County personal injury attorney is the best way to ensure your claim is handled correctly so that you can get the compensation you need to recover from an accident as quickly as possible. A seasoned legal professional can assess the strengths and weaknesses of your case and act accordingly. These types of cases have a tendency to languish in the state’s civil courts. Our firm will see that yours is not one of them. Do not go it alone. Give us a call today.

Contact our experienced New Jersey firm

If you or someone you know has sustained an injury, whether on the job, on the road, due to a medical professional’s negligence, or otherwise, our firm is here. Rubenstein, Berliner & Shinrod, LLC has helped countless victims of negligence over the years, and we are ready to do the same for you. Contact our firm today so we can get started.

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