If you were hurt due to another party’s negligence, the law sets a maximum period within which you can file a lawsuit to recover compensation. This is known as the statute of limitations. The deadline for most personal injury cases in New Jersey is two years from the incident that forms the basis of your claim, whether it’s a car crash, slip-and-fall accident or a dog bite.
This may not seem significant at first glance, given that the majority of personal injury cases are resolved through out-of-court settlements. However, you never know when you’ll need the court’s intervention, and it helps to keep that door open. Additionally, insurance companies are more willing to negotiate or offer a fair settlement when they know you still have the option to file a lawsuit.
What happens if you miss the deadline?
Your injury claim may have no legal basis if you fail to take legal action within the statute of limitations. For starters, the court will almost certainly refuse to hear your case, regardless of the evidence you have or the severity of your injuries. This means losing all your leverage during settlement negotiations with the insurer.
You may end up with a settlement that barely covers the harm and losses you suffered, or in some cases, no compensation at all. Remember, ignorance of the law is no defense. The court will not make an exception simply because you weren’t aware of the deadline.
Protect your right to compensation
You might be thinking, “I’m talking to the insurance company, that should be enough, right?” Wrong. Negotiating with an adjuster does not pause the clock, and they are under no obligation to warn you about the deadline. You could be in active discussions, only to discover you’ve run out of time to file a lawsuit.
Seeking urgent legal support can help safeguard your claim, represent your interests during the settlement process and increase the chances of a fair resolution.