When life takes an unexpected turn due to an accident or injury caused by someone else’s negligence, knowing your rights and understanding the legal process is essential. Filing a personal injury lawsuit in New Jersey comes with specific requirements and deadlines, including a statute of limitations that governs how long you have to take legal action. This guide will walk you through everything you need to know, highlighting the importance of acting quickly and working with an experienced personal injury attorney at Camili & Capo.
What Is the Statute of Limitations for Personal Injury Lawsuits in New Jersey?
The statute of limitations is the legal deadline for filing a lawsuit. In New Jersey, most personal injury cases have a two year statute of limitations from the date of injury. This applies to incidents such as car accidents, slip and falls, dog bites, medical malpractice, workplace injuries, and more. Missing this deadline can mean losing your right to seek compensation.
Why Does the Statute of Limitations Exist?
The statute of limitations ensures that legal claims are made within a reasonable timeframe, while evidence remains fresh and witnesses’ recollections are reliable. Waiting too long may result in lost documentation, unavailable witnesses, or challenges in proving liability.
Exceptions to the Two-Year Rule
While the two-year statute of limitations is standard, there are several exceptions in New Jersey that may extend or shorten this timeframe.
Injuries Involving Minors
If the injured party is under 18, the statute of limitations typically begins when the individual turns 18. For example, if a 16-year-old is injured in a car accident, they may have until their 20th birthday to file a claim.
Discovery of Injury
In some cases, the injury may not be immediately apparent. For instance, exposure to toxic chemicals might lead to a condition that is diagnosed years later. In such situations, the statute of limitations may begin when the injury is discovered, not when the exposure occurred.
Claims Against Government Entities
If your injury involves a government entity—such as slipping on poorly maintained public property—you must file a notice of claim within 90 days of the incident. Failure to adhere to this shorter deadline can bar your claim entirely.
Steps to Take After an Injury in New Jersey
Time is of the essence when pursuing a personal injury claim. Following these steps can help you preserve your rights and strengthen your case:
- Seek Medical Attention Immediately
Prioritize your health and ensure your injuries are documented. Medical records serve as critical evidence in personal injury cases. - Report the Incident
Notify the property owner, employer, or relevant authority about the accident. For example, if you were injured in a retail store, file an incident report with the manager. - Document the Scene
Take photographs of the accident site, your injuries, and any contributing factors, such as hazardous conditions or faulty equipment. - Consult a Personal Injury Attorney
Speak with a qualified attorney at Camili & Capoas soon as possible to evaluate your case and avoid missing critical deadlines.
Common Personal Injury Scenarios in New Jersey
Personal injury cases come in many forms. Here are a few examples that highlight the need for legal guidance:
- Slip and Fall Accidents: Tripping over an unmarked wet floor at a busy mall can result in severe injuries. The property owner’s failure to maintain safe conditions may make them liable.
- Workplace Injuries: A construction worker injured by defective equipment could file a personal injury lawsuit against the manufacturer, in addition to seeking workers’ compensation.
- Dog Bites: In New Jersey, dog owners are held strictly liable for injuries caused by their pets, even if the dog had no prior history of aggression.
The Role of Evidence in Strengthening Your Case
Building a successful personal injury case relies on compelling evidence. Here’s what you and your attorney should focus on gathering:
- Medical Records: Documentation of your diagnosis, treatments, and long-term prognosis.
- Accident Reports: Police reports, workplace incident reports, or property management records.
- Witness Testimonies: Statements from people who saw the accident occur.
- Expert Opinions: Testimonies from medical professionals, accident reconstructionists, or industry experts.
Without sufficient evidence, proving liability and damages can become significantly more challenging.
Compensation You May Be Entitled To
Filing a personal injury lawsuit isn’t just about holding the responsible party accountable—it’s also about recovering the compensation you deserve. In New Jersey, you may be eligible to receive damages for:
- Medical Expenses: Both past and future treatment costs.
- Lost Wages: Compensation for time missed from work, as well as diminished earning capacity.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
- Property Damage: Reimbursement for damaged personal property, such as your vehicle.
Why Hiring an Attorney Matters
Navigating the complexities of personal injury law is not something you should do alone. An experienced attorney can:
- Ensure your claim is filed before the statute of limitations expires.
- Handle negotiations with insurance companies to maximize your settlement.
- Gather and present evidence to strengthen your case.
- Represent you in court if a fair settlement cannot be reached.
At Camili & Capo, our team is dedicated to fighting for justice and securing the compensation our clients deserve.
Understanding New Jersey’s Comparative Negligence Rule
New Jersey follows the comparative negligence rule, which means your compensation may be reduced if you are partially at fault for the accident. For example, if you’re found 20% responsible for a car accident, your total damages award will be reduced by 20%.
If your level of fault exceeds 50%, you may be barred from recovering compensation altogether. This underscores the importance of having a skilled attorney to help minimize liability disputes.
Don’t Wait—Time May Be Running Out
Every day that passes after your injury can make it harder to gather evidence and pursue your claim. The clock starts ticking the moment your injury occurs, and missing the statute of limitations deadline can prevent you from seeking justice.
Take the First Step: Contact Camili & Capo Today
Navigating the aftermath of a personal injury can feel overwhelming, but you don’t have to face it alone. At Camili & Capo, we understand the challenges you’re going through and are here to provide the guidance and representation you need to move forward.
If you’ve been injured in Hackensack, Jersey City, Newark, Paterson, or anywhere across Northern or Central New Jersey, time is of the essence. Acting quickly ensures your legal options remain open and strengthens your ability to secure fair compensation.
Schedule Your Free Consultation. Call any of our office locations today or fill out our secure online form to connect with an attorney who will take the time to listen, explain your rights, and help you make informed decisions. Don’t wait until deadlines pass—contact us today and take control of your recovery.
