If you have been injured due to a car accident, medical malpractice, unsafe working conditions or another cause, the law limits the time in which you have to file a personal injury lawsuit. It’s extremely important to start the process as soon as possible after an injury, since filing after the time limit may forever bar your claim. Each state has a different set of laws, called Statute of Limitations, which mandate that a suit be filed within a specific time period. The deadlines vary depending on the type of claim, the state in which the claim is filed, and whether the claim is filed in state or federal court. The only exception to this is when the plaintiff is filing for damages against the federal or state government. For instance, if your injury was the result of an employee or agency of the New Jersey government, there is a different set of rules for these types of claims – there are more rules.
Typically, the statute of limitations begins on the day the injury occurred. Sometimes, this doesn’t apply in certain cases such as product liability where manufacturers are held liable for injuries or even deaths attributed to their products. These cases can take several years in which to identify the link between the product and the sustained injury. For example, pharmaceutical manufacturers have been held liable after the statute of limitations in instances where the injuries didn’t come to light until several years later when the Food and Drug Administration (FDA) requested its withdrawal from the market.
Filing Claims Against the Government
It’s important that you know that if you plan on filing a claim against a government body, for instance, the state of New Jersey, the rules are different. Instead of having two years to file a claim, you have just 90 days from the date of the injury to file a claim with the state government.
After the claim is filed, the plaintiff has to wait six months before they can file a lawsuit, unless the government reached out to settle the claim. The lawsuit, however, must be filed within two years of the date of injury no matter what.
Time Limits to File a Claim by State
In making a determination as to which statute of limitations will control a civil action, the type of “cause of action” that the claim is pursued will be critical. For example, in the state of New Jersey, the statute of limitations for filing a personal injury lawsuit is two years, but the statute limits lawsuits involving libel or slander to just one year. In some states, if a minor is a victim, the countdown for filing a claim does not begin until the child turns 18.
Brandon J. Broderick, Attorney at Law Is Here for You
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