Timing is Everything for New Jersey Personal Injury Cases You have rights that deserve protection when you are injured in an accident that someone else caused. If you were hurt either physically
Timing is Everything for New Jersey Personal Injury Cases You have rights that deserve protection when you are injured in an accident that someone else caused. If you were hurt either physically or emotionally during an accident, it is important to understand that you may have to act sooner than you think in order to preserve those rights.
Time Limitations In New Jersey, you will generally have two years from the time of the accident or discovery of your injuries (depending on your specific situation) to bring suit against the person or party who negligently caused your injuries. This time bar is commonly referred to as a statute of limitations. Out of all of the things that should matter to you as a victim (aside from being compensated and getting the justice you deserve) this should be at the top of the list.
Why is the Statute of Limitations so Important?
You might have the perfect case: four years ago, you were the victim of an egregious accident that someone else directly caused. Imagine that all of the proof lines up in your favor showing that the wrongdoer was so blatantly negligent that any reasonable person would conclude that he was the cause of your debilitating injuries. Open and shut case, right? Think again! If you fail to file within the statutorily mandated time, you will be completely barred from bringing your case. In the above example, the lawsuit is completely barred regardless of how winnable it might have been because it was filed two years too late (i.e. four years after the injury was discovered). Whether this seems unfair or simply a matter of "you snooze you lose," the fact of the matter is we must accept that this is the law. Therefore, whenever you are hurt in a personal injury accident, it is a very good idea to contact an experienced New Jersey personal injury attorney immediately. Do not sit on your rights!
Always Be Prepared Granted, you may be severely injured, in the emergency room, dealing with hospital bills, and trying to recuperate from a potentially life altering trauma. The last thing on your mind is calling a lawyer. However, we at The Rosenblum Law Firm cannot stress enough the importance of filing your lawsuit well within the statute of limitations. Even if it takes you an entire year to face the wrongdoer or to build up the strength to call an attorney, make sure that you do not wait more than two years. The Flip Side There are always one or two people who think that they can sue a person because they almost got injured.
Someone will be driving on the Garden State Parkway behind a truck that has been loaded down with heavy equipment that invariably falls off the truck. This heavy equipment lands right in front of your car forcing you to jerk your wheel and immediately get out of harms way. You might think, "That truck driver was negligent! I almost got hurt!" However, almost might count in horseshoes, but not in personal injury law. If you are not harmed, then you have no case to bring.