After a car accident in New Jersey, many drivers are unsure how much time they have to file a personal injury claim. Filing too late can result in losing the right to seek compensation for medical bills, lost wages, and pain and suffering. Understanding the legal deadlines and how they apply to your situation is critical for protecting your rights.
New Jersey’s Statute of Limitations
In New Jersey, the statute of limitations for most personal injury claims arising from a car accident is two years from the date of the accident. This means you generally have two years to file a lawsuit against the at fault driver.
It is important to note that this time frame applies to civil claims for injuries. Property damage claims, such as vehicle repairs, may follow different rules or be resolved through insurance policies. Filing within the statute of limitations ensures that your case can be heard in court if necessary.
Exceptions to the Two-Year Rule
There are a few situations where the statute of limitations may be extended or shortened:
- Minors: If the injured party is under 18 at the time of the accident, the statute of limitations may be paused until the minor reaches legal age.
- Government Claims: Accidents involving government vehicles or property often require filing a notice of claim within a much shorter period, sometimes as little as 90 days.
- Delayed Discovery of Injuries: In some cases, injuries from an accident may not become apparent immediately. New Jersey law may allow an exception if the injury is discovered later, but this is highly fact-specific.
Failing to adhere to these deadlines can prevent you from recovering compensation, so it is crucial to act promptly.
Importance of Filing Early
Even if you do not plan to file a lawsuit immediately, consulting with a personal injury attorney soon after the accident is important. Early action allows:
- Preservation of evidence, such as photos, witness statements, and vehicle damage
- Documentation of injuries with medical records
- Avoiding missing deadlines that could bar your claim
Filing early also helps prevent complications from insurance disputes or disagreements about fault.
Steps to Take Immediately After an Accident
To protect your right to file a claim, take the following steps:
- Seek Medical Attention – Treating injuries promptly ensures proper documentation linking them to the accident.
- Report the Accident – Notify your insurance company and, if required, file a police report.
- Document the Scene – Take photos, collect witness information, and keep any receipts or bills related to the accident.
- Keep Track of Injuries and Expenses – Maintain detailed records of medical visits, therapy, medications, and lost wages.
- Consult an Attorney – Legal guidance can help you understand deadlines, insurance coverage, and whether your case qualifies for a lawsuit.
Why Legal Assistance Matters
Navigating the filing process can be complicated, especially if your case involves serious injuries, multiple parties, or disputes over fault. An experienced attorney can ensure all legal deadlines are met, advise on how to handle insurance claims, and help maximize your compensation.
Many accident victims turn to The Law Offices of Anthony Carbone for guidance on timing, filing procedures, and protecting their rights. Professional legal support early in the process reduces stress and increases the likelihood of a successful outcome.
Final Thoughts
The two-year statute of limitations in New Jersey is strict, and missing the deadline can prevent you from recovering compensation for injuries and damages. Acting quickly after a car accident by seeking medical care, documenting the incident, and consulting an attorney is essential. Understanding your legal rights and the filing timeline ensures you are in the best position to protect yourself and pursue full compensation.
