What Is the Statute of Limitations for an Injury Claim?

You may not initially realize how serious your bodily injuries are after a personal injury accident. But after attending consistent doctor’s appointments, you may get a better picture of how long your treatment journey is anticipated to be. This is not to mention how costly this whole process will be for you. After much consideration, you may believe that it is appropriate to file a personal injury claim. Well, for this, please read on to discover the enforced statute of limitations for injury claims like yours and how a seasoned Passaic County personal injury attorney at the Law Offices of August R. Soltis can help you submit all your legal paperwork on time.

What is the statute of limitations for a personal injury claim in NJ?

Generally speaking, the statute of limitations for a personal injury claim in the state of New Jersey is two years. This means two years from the date your accident took place. And if you miss this deadline by even just one day, the New Jersey civil court may be unwilling, not to mention simply unable, to take on your case.

This means that you may be permanently barred from suing over this incident. Further, indefinitely missing your opportunity to recover the financial compensation you require for your incurred economic and non-economic damages associated with your bodily injuries. Lastly, failing to hold the negligent party accountable for their poor behavior and actions.

What if I experience delayed injuries after my personal injury accident?

It is rather understandable if your sustained bodily injuries do not show physical signs or manifest into physical pain until days, weeks, months, or years after your personal injury accident. This may be known to be true for concussions and traumatic brain injuries, whiplash and neck injuries, back and spinal cord injuries, and soft tissue and internal injuries.

If this is closely related to your health condition, you may attempt to claim the discovery rule before the New Jersey civil court. With this, you are essentially asking the court to extend the statute of limitations and start the countdown on the date you discovered or should have reasonably discovered your injuries.

In this case, your deadline may now be two years from the date you learned about your injuries. Obviously, you must prove how your delayed discovery should be deemed reasonable. This may require testimony from a medical expert or your treating healthcare provider to explain how the nature of your specific injury typically calls for stalled symptoms.

Also, the defendant may find it an easy opportunity to challenge the link between the accident and your delayed injuries, putting into question whether you incurred them in another event. This is why it is so important for you to have consistent medical evidence starting from your accident date, establishing that your injuries slowly developed over time.

Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of a competent Passaic County personal injury attorney. Contact our office, the Law Offices of August R. Soltis, right now; someone will be more than happy to speak with you.