The Law Offices of Eric A. Shore Breaks Down Cherry Hill, New Jersey’s Statute of Limitations for Personal Injury
When clients come to The Law Offices of Eric A. Shore, staffed by an experienced personal injury lawyer in Cherry Hill, for assistance with a personal injury case, the first criterion the law firm examines is the accident date in Cherry Hill, New Jersey’s statute of limitations.
A statute of limitations indicates the deadline by which a plaintiff can bring a legal claim against another party. If too much time has passed since a personal injury accident, the plaintiff may no longer have grounds for a claim.
New Jersey Statute of Limitations for Personal Injury Claims
The statute of limitations in New Jersey is generally two years. But the day the clock starts ticking varies depending on the type of case.
The Law Offices of Eric A. Shore in Cherry Hill clarifies the general legal deadlines for the following types of personal injury cases:
- General personal injury cases: Two years from the date of the injury
- Medical malpractice lawsuits: Two years from the time that the person should have reasonably known malpractice occurred
- Wrongful death claims: Two years from the date of death
- Product liability lawsuits: Two years from the accident date
In most cases, exceeding this two-year deadline could cause the court to dismiss any personal injury claims made against the defendant.
Attorney Eric A. Shore encourages anyone considering filing a claim to speak to a lawyer as soon as possible. A personal injury attorney can examine the details of a particular situation and advise on whether the plaintiff has a case and how long they have to file a claim.
Deadlines for Personal Injury Claims Against Government Organizations in Cherry Hill
For claims against public entities like municipalities and New Jersey state government organizations, a different deadline applies.
There is still a two-year statute of limitations to file a lawsuit, but plaintiffs have only 90 days to file a Notice of Claim alerting the Department of Treasury Bureau of Risk Management of the intent to sue. If this 90-day deadline passes without submitting the Notice, the plaintiff typically cannot proceed with the lawsuit.
For tort claims against the federal government, plaintiffs have two years to file a claim with the relevant federal agency.
Exceptions to the Statute of Limitations in Cherry Hill
While the New Jersey statute of limitations for personal injury cases has little flexibility, The Law Offices of Eric A. Shore acknowledges a few exceptions to this rule.
New Jersey follows the common law doctrine called the discovery rule, which “postpones the accrual of a cause of action when a plaintiff does not and cannot know the facts that constitute an actionable claim,” per the medical malpractice case Grunwald v. Bronkesh.
If the plaintiff was not immediately aware of their injuries, the two-year statute of limitations period may not begin until the date they discovered them. For a plaintiff to claim the discovery rule, they must show there was no reasonable expectation that they should have known about the defendant’s negligence or causation.
About the Firm
The Law Offices of Eric A. Shore in Cherry Hill handles personal injury, employment law, and disability cases across New Jersey and Pennsylvania. If you're curious about common personal injury lawsuit misconceptions or need guidance on the New Jersey statute of limitations for personal injury cases, don't hesitate to contact us today by calling 1-800-CANT-WORK.
