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What Is the Statute of Limitations for Filing a Personal Injury Claim in New Jersey?

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If you suffer harm due to an accident, medical malpractice, or a similar injury event, your right to submit a claim for compensation is time limited. The New Jersey Statute of Limitations  sets the deadline for filing a personal injury claim at two years from the date of the injury event. After that, an injured claimant loses all rights to sue. However, there are certain circumstances that could “toll the statute,” in other words, stop the clock on a claim, thereby extending the time limit beyond two years. Factors that could toll the statute include:

  • Latent injury — Not all injuries are readily apparent when they occur. The “discovery rule” stops the clock on claims until the victim knows, or reasonably should have known, that he’s been injured. The discovery rule is important in cases of medical or surgical malpractice where the patient is unaware a healthcare provider has made a mistake, or that damage has been done, until much later.
  • Unavailable defendant — The statute of limitations presumes that the defendant is available to be sued. If the defendant flees the jurisdiction to avoid the lawsuit, the court can grant equitable relief, tolling the statute until the defendant returns.
  • Defendant’s bankruptcy — When a person files for bankruptcy, the court issues an automatic stay that prohibits creditors from attempting to collect on debts. Since a personal injury claim is an enforceable obligation subject to the stay, the law allows the victim to wait until the victim is out of bankruptcy to file the lawsuit.
  • Victim’s loss of capacity — A victim who is suffering from mental illness lacks the capacity to file a lawsuit. The victim can wait until he or she regains mental capacity to file the suit, whether the mental illness is related to the injury event or not.
  • Minor victim — Children also lack the capacity to sue. Parents can sue on behalf of their minor children injured due to negligence, recklessness or a deliberate, unlawful act. But the statute of limitations does not begin running for an injured minor until the child’s 18th birthday.

The statute of limitations should not be an issue in your case as long as you contact a reliable attorney as soon as possible after your injury. The personal injury lawyers at Seigel Law are ready to assist accident victims in Bergen County or anywhere in New Jersey. Contact us online or call 201.444.4000 today for a free case evaluation.

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VERDICTS & SETTLEMENTS
  • $7,900,000

    Recovery on behalf of the 16-year-old girl injured by electrical malfunction

  • $8,000,000

    Jury verdict in a catastrophic injury case

  • $1,100,000

    Settlement for a fractured arm in Passaic County

  • $4,775,000

    Settlement for a woman in Bergen County injured in a trucking accident

Meet Our Attorneys


  • (61 Reviews)

    By Teresa R Perez - January, 2018

    I have had a great experience thus far. The personal injury process is stressful and they have been helpful and courteous in getting me the right referrals. I was injured while visiting NJ and live in another state, my case is not an easy one but they are working diligently to help. I appreciate the personalized attention and highly recommend this firm.

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  • (61 Reviews)

    By Miriam Smith-Leone - December, 2017

    The law office was great with my back and neck injury. They directed me to the right doctors and got me a huge settlement. Being a single mom, it help pay off all my debt and bills. Me and my kids can have a bill free christmas, with plenty of food and happiness, stress free. They are the best ever and I would highly recommend them to anyone rich or poor, who has been in an accident and need legal help...

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  • (61 Reviews)

    By L C - October, 2017

    After the misfortune of suffering an injury, I had the good fortune to choose Seigel Law to represent me. During my initial meeting with Jan Seigel, I found him to be extremely confident and reassuring---he totally put me at ease. I was represented by Mark Mc Bratney---an EXCELLENT attorney. He was supportive and professional through the entire process, and provided an excellent outcome for my case.

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  • (61 Reviews)

    By Liliana Paredes - October, 2017

    Honest, trustworthy and very straight forward. In unvarnished truth Jonas Siegel will tell you exactly where you stand and what direction you should go. Jonas has tenacity coupled with a degree of tenderness, but never losing site of the end goal, which is to protect, defend and have the best outcome for his clients. I defenetly recoment this law firm. Thanks for helping me out in my case.

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  • (61 Reviews)

    By Oren Goldshmidt - September, 2017

    I'd like to thank everyone at segal law for the amazing experience they provided me. From the moment I stepped in to the end of the case , segal and his team delivered exactly what they promised. I couldn't have received any better treatment from a law firm. Any concerns, questions or problems I had were addressed and dealt with accordingly...

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What we offer our clients


Knowledge

Personal injury and medical knowledge

Our knowledgeable team of personal injury lawyers includes a medical doctor who advises on complex medical topics

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One-on-one attorney attention

By maintaining a limited number of cases, our attorneys can provide personalized attention to each client we serve

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Results-oriented strategies

Our lawyers have won numerous high verdicts and settlements, many in the high six- and seven-figure range, for our injured clients

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Trial experience

Every trial attorney in our firm is a certified trial attorney by the New Jersey Supreme Court

Communication

Communication as a priority

We understand how important communication is to a successful attorney-client relationship, we return calls within 24 hours

Community

Community involvement

Our lawyers and staff are active in community outreach and community service programs

Testimonials
  • "The lawyers at Seigel Law know how to get you the results you want. Jan Seigel and His team returned every one of my phone calls, listened to me and worked with me to a desirable outcome. Seigel Law definitely goes above and beyond to protect the injured." - B.M.

  • "After my car accident, my life turned into a disaster. Dealing with everything became impossible. Jan Seigel and his people helped me with every aspect of my injuries and the insurance companies so I could focus on healing. They helped me through everything and they got me what I was due." - M.P.

  • "I found the personnel to be very efficient, and work very quickly. I'm happy that I was referred to this firm, because I found that I was very comfortable working with them." - F.V.

  • "Amazing. I have to say they were very supportive and were able to give me tons of information. I didn't feel rushed and felt they truly cared about my well-being. Their website is also extremely helpful and well setup." - T.D.

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