Understanding the statute of limitations for personal injuries is crucial in protecting your rights, especially if the accident occurs on government property. Reach out to a Monmouth County personal injury attorney to schedule your free consultation and secure skilled representation today.
A statute of limitations is a legal time constraint that can apply to both criminal and civil proceedings. It dictates the amount of time an individual has to initiate legal action before their right to do so expires.
In terms of personal injury law, the statute of limitations is a timeframe in which the victim of an accident can file a claim or lawsuit against the liable party in pursuit of compensation for their associated damages. If the individual does not begin the legal process within the designated statute of limitation, they lose their chance at compensation and justice.
The statute of limitations for a personal injury is two years from the date of the accident. This is outlined in New Jersey Statutes 2A:14-2, which states “Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued.”
Some states shorten the statute of limitations for legal actions against a state or local government entity in an effort to protect these agencies from excessive claims and lawsuits. However, in New Jersey, the statute of limitations remains the same for injuries sustained both on and off government property.
This means that regardless of where the accident and damages occurred, you have two years from the date to file a claim or lawsuit.
Although you do not have to worry about a reduced statute of limitations for injuries sustained on government property, it is important to understand that these sorts of situations do come with additional requirements and strict deadlines.
The notice of claim is one of the most important criteria to be aware of. A notice of claim is a formal written document that notifies a government entity of your intent to file a claim or lawsuit in pursuit of compensation. Under NJ law, government agencies are entitled to a notice of claim delivered within 90 days of the incident.
It is also important to keep in mind additional regulations like sovereign immunity, which protects public entities from lawsuits. Government employees and agencies may still be liable for your accident, but it is crucial that you fully understand your legal rights and options. Work with an experienced personal injury attorney to learn more before pursuing legal action for your injury and damages.
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