Statute of Limitations New Jersey Car Accident
Even the safest of drivers may end up in a traffic accident.
According to data provided by the New Jersey Department of Transportation, there were 273,473 crashes reported in the state 2016 and 270,231 crashes reported in 2017.
Following a major accident, injured victims need to know the steps to take to protect their legal rights.
You only have a limited amount of time to file a car accident injury lawsuit.
If you fail to bring your claim before the deadline expires, you will likely miss out on financial compensation that is available. In this article, our New Jersey car accident lawyers provide an overview of our state’s statute of limitations for motor vehicle accident claims.
New Jersey Has a Two-Year Statute of Limitations for Auto Accidents
Under New Jersey state law (N.J. Stat. § 2A:14-2(a)), plaintiffs have two years to file a personal injury claim. If you or your loved one was hurt in an auto accident in New Jersey, you must initiate any legal action within two years of the date of the crash. To be clear, the case does not necessarily need to be resolved within two years — it must simply be filed.
What happens if you violate the statute of limitations for a New Jersey car accident? Your case will almost certainly be dismissed as a matter of state law. In other words, you will not get a chance to have your day in court. You will be denied access to financial compensation that may have otherwise been offered. Protect your rights: contact an experienced New Jersey car accident lawyer immediately after a crash.
Limited Exceptions to the New Jersey Statute of Limitations
While New Jersey has a strict two-year statute of limitations for auto accident injury claims, there are some limited exceptions to the rule. Specifically, the key exceptions that you need to know are as follows:
- Underage Victims: As a general matter, the New Jersey statute of limitations does not ‘run’ on minors. If you or your child was hurt in an accident that occurred before the age of 18, then you may have additional time to bring a legal claim. Underage claimants typically have two years from the date of their 18th birthday to take legal action.
- Discovery Rule: While this exception is rarely an issue in car accident claims, New Jersey operates under the discovery rule. The statute of limitations will not ‘start’ until the victim or their family member knew or should have known about the injuries.
Speak to Our New Jersey Auto Accident Lawyers Today
At O'Connor, Parsons, Lane & Noble, our New Jersey car accident attorneys are strong, committed advocates for injured victims. If you or your family member was hurt in a traffic collision in New Jersey, we are here to help. For a free, completely confidential initial consultation, please do not hesitate to contact our law firm right away. We have offices in Springfield, Newark, Freehold, Paramus, Woodbridge, and Jersey City.