Every state has something known as “statute of limitations” in regards to bringing a personal injury lawsuit. This means that, when you have been injured in an accident and want to bring a claim, you only have a certain amount of time to file before you will be barred from your right to sue forever. In many states, the statute of limitations will range anywhere from one year to six years before you lose that opportunity. In some states, the statute of limitations will also depend upon the type of personal injury claim. For instance, you may find that some cases where minors were involved have longer statute of limitations than other crimes. Medical malpractice statutes of limitations may be much shorter than most – it really just depends on the case.
In many states, the statute of limitations regarding a personal injury does not begin to run until the moment when the person knew that they had suffered harm in some way. This is especially important because, depending on the injury and how it occurred, the filer doesn’t even know that they have an injury or suit to file. For example, take a case where somebody was unaware of the fact that a piece of equipment was left inside him or her during a surgical procedure. Many months later, they fall ill and have to file a claim for compensation. The patient had a lack of knowledge that they were suffering from some type of injury, so the statute of limitations will probably not start until they have discovered the issue. However, the circumstances must be reasonable.
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In New Jersey, the statute of limitations is two years. This means that a filer has two years from the date of the injury or reasonable knowledge to file a lawsuit against those who they deem responsible. If your window closes to file a lawsuit, the New Jersey court system can and will refuse to hear your case. New Jersey Code section 2A:14-2 covers these statute of limitations requirements.
Damages Under New Jersey Law
In New Jersey, there are also very specific regulations regarding damages. Under New Jersey laws, those involved in accidents have the option or tort liability and no-fault. Through the tort liability system, a determination is made about who was at fault and damages and compensation will be determined after fault is settled. Under the no-fault state rule, all drivers must be self-insured for the sake of personal injuries.
Under New Jersey’s Permanent Statutes Database, Chapter 39, Section 39:6A-2k, economic damages may apply including medical expenses, lost income, lost property, and other monetary losses. Non-economic damages are also available under Chapter 39, Section 39:6A-2i, such as pain and suffering and inconvenience. New Jersey is a pretty flexible state, which is why there are so many options available.
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Remembering the statute of limitations in New Jersey will help you meet certain deadlines when you are preparing your case and getting ready to move forth with a lawsuit. Call us at Maggiano, DiGirolamo & Lizzi to help you meet all the requirements in your case and help you gain the compensation you deserve!