It’s possible to claim compensation if you or someone you know sustained injuries from an accident due to negligence by another party. Payment could be to cover medical costs, other treatments, lost wages, and so on. However, just like in other states, you must file the claim in New Jersey within a specified period or you lose your right to sue.
New Jersey Statute of Limitations
The statute of limitations sets the time limit for processing a personal injury claim. It sets the deadline for suing, otherwise, the court will dismiss your lawsuit. In New Jersey, typical personal injury claims have a statute of limitations of two years from when the injuries were sustained. The clock runs from the moment you get injured or injuries are revealed.
This statute of limitations applies to personal injuries sustained from:
- Truck accident
- Car accident
- Motor vehicle accident
- Slip and fall accidents at work, school, hospital, boardwalk
- Nursing home negligence
- Product liability
- Dog bite
- Wrongful death
If the car accident was due to negligence or entirely the other party’s fault, then the result is predictable: the at-fault party (through their insurance provider) will compensate you. The compensation could be to cover your medical expenses, lost wages, and other losses you may have sustained.
To be in a more strategic position it’s always best to make sure you have plenty of time to assess the lawsuit no matter how confident you are about the resolution. Consult a lawyer as soon as you can to understand your options.
Reporting the Accident
If you’re a driver who got in a car accident that resulted in: injury, death and/or property damage that is at least $500 then you must report it to the nearest law enforcement unit and by the quickest means possible. Although the law does not state what means are to be used, mobile phones are usually the fastest way to report incidents. After reporting it, a police officer will investigate the accident and prepare a standardized New Jersey Crash Investigation Report. Depending on the circumstances and the severity of the accident, a police officer may not conduct an investigation. In these cases, the driver needs to file a written accident report within ten days of the accident. The New Jersey Department of Transportation will provide the form for this. You can also access the rules via the New Jersey Statutes section 39:4-130.
Also, remember that New Jersey is one of those states that has a no-fault insurance system. It means that you must turn to your insurance company first for any medical expense coverage. You should check whether your policy is a standard or basic one. This will tell you how much coverage you are entitled to for medical expenses and up to what extent you can pursue a claim against your own insurance company if the at fault driver is uninsured or has inadequate coverage . Get a lawyer to help you handle your case to ensure success. At Grossman, we have highly skilled and experienced lawyers who have helped clients get the compensation they deserve. Contact us today.