If you sustained injuries and other damages on government property, it is important that you understand the statute of limitations for filing a claim and the various requirements that you must adhere to. Continue reading and speak with a Bergen County injury lawyer for more information and legal advice.
What is the Statute of Limitations for a Personal Injury in NJ?
In New Jersey, the statute of limitations for a personal injury is two years, meaning that as the victim, you have two years from the date of the incident to file a claim or lawsuit against the negligent party. If you fail to initiate legal action within this two-year period, you will have waived your right to compensation and damages.
It is important to note that the two-year statute of limitations can be adjusted for special circumstances, like if the injured party is a minor or mentally incapacitated. However, in general, the time constraint is two years.
Does the Statute of Limitations Differ for Injuries Sustained on Government Property?
The laws regarding statutes of limitations for personal injuries vary depending on the jurisdiction you are in. Some states impose laws that reduce the amount of time a victim has to initiate legal action after an accident if the defendant is a government agency. These laws are designed to protect government entities from lawsuits.
However, in New Jersey, you have two years from the date of an accident to file legal action for a personal injury, regardless of whether the damage was sustained on government property. The time limit does not change even though you are taking legal action against a state agency. However, there are other rules to consider when filing a claim or lawsuit against a state.
Do I Have to File a Notice of Claim?
Although you have the same amount of time to take legal action against an NJ government agency as any other individual or entity, there are other requirements that you must meet to protect your right to compensation, one of which is filing a notice of claim.
A notice of claim is a legal document that informs a government agency (or other entity) of your intention to file a claim for damages or injuries. The notice provides various information about the incident, including the date and time it took place, details about what went on, and the damages that you are seeking to recover.
In New Jersey, you are required to send a notice of claim within 90 days of the incident taking place. Again, you have two years to actually take legal action, but you must notify the entity within 90 days, or else you will forfeit your right to pursue the claim and recover compensation.
Personal injury law can be complex, especially when a government agency is involved. Seek representation and legal advice from a skilled attorney at Feitlin, Youngman, Karas & Gerson, LLC today.
