Nov 202013
 

Answered By a New Jersey Car Accident Injury Lawyer

After getting injured in serious New Jersey car, bus or truck accidents, injured drivers and passengers are often overwhelmed.  In catastrophic injury cases, injured drivers or passengers’ primary concern is their health and their goal is to get better.  The thought of filing an auto accident lawsuit in NJ probably does not cross their minds at first.

New Jersey Car Accident Injury Lawyer Discusses Statute of Limitations for NJ Car Accidents

However, injured drivers and passengers should keep in mind that there is a period of time after the accident during which a lawsuit must be filed.  If an injured victim fails to file a lawsuit within that prescribed period of time, they are barred from pursuing a car accident lawsuit altogether.  This prescribed period of time is called the Statute of Limitations, and it is set forth in New Jersey Statutes Annotated (N.J.S.A.) 2A:14-2, which provides:

2A:14-2 Actions for injury caused by wrongful act, appointment of guardian ad litem.
a. Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor’s 13th birthday.

Therefore, injured victims of New Jersey car, bus or truck accidents must file their lawsuits within 2 years of the date of the accident.

New Jersey Car Accident Injury Lawyer Discusses Statute of Limitations for Minors in NJ Car Accidents

What if the injured car accident victims are minors? Do they have to file suit within 2 years of the NJ car accident?  The answer is no.  For minors, they have 2 years from the date they turn 18 to file a NJ car accident injury lawsuit against the negligent driver.

Importance of Filing a NJ Car Accident Lawsuit Within the Statute of Limitations

Individuals injured in NJ car accidents often do not want to think about filing a lawsuit after the accident.  Their focus is on getting back to their daily activities, such as working, caring for their family, etc.  Victims may think there is ample to time to file a lawsuit, but before they know it, 2 years pass.  When injured victims finally decide to go forward with a lawsuit, they may be barred from doing so because more than 2 years passed from the date of the car accident.

Filing a lawsuit requires preparation, such as obtaining the defendant’s information, drafting the complaint etc.  Therefore it is imperative to seek legal counsel soon after the car accident and not wait until the week before the Statue of Limitations expires to do so.  If injured car accident victims wait too long, they may lose their right to file a lawsuit even if they have a viable case and significant damages they could otherwise recover from the negligent driver.

Related NJ Car Accident Legal Articles by a NJ Car Accident Injury Lawyer

What NJ Car Accident Victims have to say About Philip Ciprietti, a NJ Car Accident Injury Lawyer

“Our calls were quickly returned and our questions promptly answered in regard to injuries sustained during a motor vehicle accident on Route 70 in Marlton, NJ. Not only did Phil address our legal issues, but he was also genuinely concerned for our physical recovery. Phil is and will always be our family attorney. – Ray and Terry Jeschon”

Help After a NJ Car Accident.  Free Consultations. 800.281.8695

Philip Ciprietti has been helping injured victims for over 35 years and has helped many car, bus and truck accident victims in NJ. If you were injured in a car, truck or bus accident on the NJ Turnpike, AC Expressway or other New Jersey highways, feel free to contact Phil T. Ciprietti, Esquire for a free initial consultation. 800.281.8695

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide legal advice or create an attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.