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If you sustained injuries in a New Jersey car accident, you don’t have unlimited time to pursue compensation. You must resolve your claim or file a lawsuit before the legal deadline. In most cases, the car accident statute of limitations is two years from the accident date. That means if you haven’t reached a settlement with the insurance company and the two-year deadline is approaching, you must file a lawsuit. However, not all car accident injury claims have the same statute of limitations.
We recommend speaking with an experienced New Jersey car accident lawyer at Wiley Lavender Maknoor, PC, to confirm the proper filing deadline.
What Is the Statute of Limitations on Car Accidents?
The statute of limitations refers to the deadline to file a lawsuit. As mentioned, the general rule is two years from the date of the accident for bodily injury claims. Property damage claims resulting from an auto accident have a six-year statute of limitations.
What Happens If You Miss the Filing Deadline?
The court will most likely dismiss your case if you miss the filing deadline. That means you’ll be unable to collect any compensation for your injuries. It doesn’t matter if you’re currently negotiating with the insurance company for a potential settlement. Once the deadline passes, they’ll ask you for proof that you filed a lawsuit in time. They will withdraw from further settlement discussions if you have not.
Exceptions to the New Jersey Statute of Limitations on Car Accidents
There are, however, a few exceptions to this rule. The statute of limitations can be “tolled” or paused in several circumstances. For example, if the victim was a minor at the time of the accident, the statute of limitations may be paused until their 18th birthday. Someone who lacks mental capacity, whether physically incapacitated or mentally disabled, will also be given extra time to file a lawsuit. There are also special rules for other types of accident claims. Should someone pass away from their car-accident-related injuries, certain surviving family members have two years from the date of death to file a wrongful death lawsuit. Should your claim involve a defendant that’s a government agency, the rules also differ.
You must file a claim against the state within 90 days of the accident date. You should expect to wait another 90 days before receiving a response. If you don’t file the notice of claim within 90 days, you could lose the right to file a lawsuit. It’s crucial to be aware of these rules. Otherwise, you jeopardize your potential recovery—no matter how strong your case is.
Contact a New Jersey Car Accident Lawyer
Identifying the correct car accident statute of limitations is crucial. You must file within the required deadline to avoid losing all your legal rights. If you handle your claim without a lawyer, you could inadvertently put your case at risk. Let the skilled legal team at Wiley Lavender Maknoor, PC assist you. We have decades of experience handling personal injury claims, including car accidents. When you hire us to represent you, there’s never a reason to worry about missing a legal deadline. To learn more about how we can assist you, contact our office to schedule an initial consultation.