How Long Do I Have to File a Personal Injury Claim in New Jersey?
- Dan T. Matrafajlo
- Mon Jan 2015
If you have been injured in an accident that was caused by another party’s reckless actions, you may be considering filing a personal injury claim in order to recover costs associated with your accident. However, it is important to be aware that there is a time limit on how long you have to file a personal injury claim in New Jersey.
Statute of Limitations in New Jersey
The statute of limitations is the law that identifies the time limit on filing a personal injury claim with the court. There are different statutes of limitations depending on the type of claim you have, and which state you live in. In some jurisdictions, the time limit begins running immediately after the injury occurs, while others allow the time to begin running after the person becomes aware of the injury, which may not be for some time.
According to New Jersey Statutes Annotated 2A:14, the statute of limitations for a personal injury claim is two years from the date of injury, unless the injured person is a minor, in which case the time limit is 2 years from the child’s 18th birthday.
Medical Malpractice Statute of Limitations in New Jersey
New Jersey has a special time limit for medical malpractice claims. Unlike regular personal injury claims, which must be filed within 2 years of the date of the injury, medical malpractice claims can be filed up to 2 years after the malpractice was discovered or should have been discovered.
Wrongful Death Claims
Wrongful death claims are a type of personal injury claim. The statute of limitations for wrongful death claims is two years from the date of death. However, all claims related to the injury itself – rather than the death – must be filed within the normal personal injury statute of limitations, which is two years from the date of injury. In other words, a claim for pain and suffering damages related to the injury would fall under the regular limitation.
Birth injuries are a form of personal injuries. The legislature has set aside a specific time limit rule for these types of claims. Injured persons born before July 2004, have two years from their 18th birthday to file a personal injury claim related to their birth. Minors born after July 2004 have only until their 13th birthday to file such a claim.
For more information or to schedule a complimentary consultation with a New Jersey personal injury attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.