We are asked all the time about what the Statute of Limitations is in an automobile accident case in New Jersey. The term, Statute of Limitations, refers to the maximum period of time that you have to file a lawsuit after an automobile accident occurs.
As the law now stands, the Statute of Limitations to bring a lawsuit for pain and suffering arising from an auto accident against a responsible party is two years from the date of the accident, or, in the case of a minor, two years from the date of the minor’s eighteenth birthday. This means that a formal Complaint actually has to be filed with a County Court within this time period. Merely visiting a lawyer during this period and/or having that lawyer put parties on notice is not enough.
We always recommend that if you are involved in a car accident in New Jersey, it is extremely important to contact a lawyer as soon as possible. Some injured victims may believe that since they have two years from the date of the accident, they have time to wait before retaining an attorney. This is often a fatal mistake.
There are some instances, such as where the responsible party is a public entity like a City owned vehicle, where formal notification must be made to the municipality within ninety (90) days or your right to sue are lost.
In almost every other automobile accident case, there is a lot of work that an experienced NJ personal injury attorney wants to get started with as soon as possible. There are issues related to liability proofs, property damage, medical expenses, medical treatment, municipal court matters, etc. that your attorney will want to get involved with as soon as possible.
If you have been injured as a result of an automobile accident in NJ, call the Law Office of Lependorf & Silverstein as soon as possible. We are happy to provide you with a free consultation to make sure that all of your rights are protected.