The law provides that lawsuits, including personal injury lawsuits, must be filed within a certain period of time or they will be forever barred. This is called the Statute of Limitations.
Most of the time, this will be 2 years from the date of the accident for a case involving personal injury. This contrasts with the 6-year Statute of Limitations for breach of contract cases.
- However, if a child is injured the Statute of Limitations does not begin to run until the child turns 18. In such cases, the Statute expires once the former child turns 20.
- Another exception is for a person that has a mental disability that prevents the person from understanding his legal rights. The 2-year Statute may be tolled after a court hearing on the nature and extent of the disability.
- A further exception is for an injury action based upon negligence in the design, planning, or construction of an improvement on real estate. For such cases, the lawsuit must be filed within 10 years of the property improvement.
The Port Authority of New York and New Jersey owns Newark Airport, Holland Tunnel, Lincoln Tunnel, George Washington Bridge, and other facilities within the state. Suits against the Port Authority must be filed within one year. In addition, a special Notice must be served on the Port Authority before suit is filed.
While suits against the State of New Jersey, municipalities, housing authorities and other governmental entities must be filed within two years, a “tort claim notice” must also be filed within 90 days of the accident or a lawsuit is not permitted.
While there are certain limited exceptions for minors and others, these exceptions are limited and courts apply them in very limited circumstances.
The bottom line is that people contemplating a personal injury lawsuit must contact a lawyer knowledgeable about these time limitations as soon as possible. If you wait too long, you may be prevented from filing what may be a valid lawsuit.
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The Kronberg Law Firm is very experienced with these types of claims and their time limits. We know whether your claim can be filed or if it is time barred. We have the background, knowledge, and experience to successfully resolve these cases.
Please call or text us at (973) 204-6573 for a free initial consultation.
