After being involved in a motor vehicle wreck, the fallout of the collision will likely affect nearly every aspect of your life. The trauma of your injuries can make living your daily life next to impossible. Fortunately, by working with an experienced New Jersey car accident lawyer at Rand Spear you have the opportunity to recover maximum compensation for your damages and suffering.
However, NJ personal injury laws are strict and require you to file your claim in a timely manner. Missing the deadline for your claim could be devastating and prevent you from recovering the compensation you deserve. Here is more about how long you have to file a car accident claim in New Jersey and what to expect from these claim deadlines.
Statute of Limitations for Personal Injury Lawsuits
Your car accident claim must be filed in accordance with the New Jersey personal injury statute of limitations deadlines. Here, your claim must be filed within two years of the car accident date in most cases. This may seem like plenty of time to take action, but the truth is that two years will fly by and your car accident lawyer needs as much time as possible to build a case against the liable party.
Part of the reason the deadline is so strict is to ensure claims are filed in a timely manner. Otherwise, the defendant may be at a disadvantage. Furthermore, the longer it takes to get started, the more we see issues with evidence.
Many types of evidence are only available for a short time after the collision, as is often the case with traffic or dash cam footage. When you wait to pursue your claim, evidence can be destroyed and witnesses’ memories may not be as clear. You may also run out of time to handle the necessary pre-trial claim requirements which could adversely impact your ability to move forward with your claim.
Tolling the Statute of Limitations
There are situations where the statute of limitations may be temporarily paused. Also called “tolling” the statute of limitations, this most often occurs when minors have suffered injuries at birth or during childhood. When this happens, the statute of limitations pauses until the child reaches the age of 13 if injuries occur at birth due to medical malpractice or until the child reaches the age of 18.
At that point, the statute of limitations may continue to countdown and will expire two years later on the date of the child’s 20th birthday. When a car accident victim is mentally incapacitated, the statute of limitations is tolled indefinitely. It will only resume counting down when the injury victim recovers and is capable of pursuing their case.
Additionally, the statute of limitations can be paused when car accident victims are not diagnosed with or do not discover their injuries until a later date. This often happens to victims suffering from concussions, back injuries, whiplash, and soft tissue injuries. When this is true for your case, the statute of limitations would not expire until two years from the discovery date.
What to Expect if You Miss the Expiration Date
Unfortunately, missing the statute of limitations after a car accident could have devastating consequences. No matter how much the judge sympathizes with your case, missing the claim deadline will result in your case being tossed out. The civil court system is not able to hear claims once the statute of limitations has passed.
Insurance Claim Deadlines to Know
There are multiple ways injury victims can recover compensation after a car accident. When you file a personal injury lawsuit for your car accident damages, your claim must be filed before the statute of limitations deadline passes. However, there are other ways you can recoup your damages in full.
Many car accident survivors turn to insurance claims. New Jersey is a no-fault insurance state, so you will begin your case by filing a claim against your personal injury protection (PIP) coverage. Your insurance company will have pre-determined the amount of time you have to file your claim based on the terms as outlined in your auto insurance policy.
Some of the most stringent insurance providers give their claimants and policyholders no more than 48 hours to file a claim. This is outrageous given many car accident victims may still be in the hospital recuperating two days after the collision. Fortunately, your car accident attorney will ensure your claim with the insurance company is filed quickly so you can get the most out of your claim.
How Long It Takes to Get Through the Claims Process
Every car accident case is different. Several factors could impact the amount of time it takes to resolve a car accident lawsuit. Some of the most notable include:
- The availability and quality of evidence
- Whether you are accused of sharing the blame for the crash
- How much insurance coverage you have
- Whether the liable party has insurance
- How long you wait to get started on your case
- How many parties share blame for causing the accident
The sooner you get started the better. In some cases, we may be able to resolve your case in a matter of weeks or months. Others may take years to settle while we demand the compensation that is rightfully yours.
Demand Rand. Work with a Highly Qualified New Jersey Car Accident Lawyer to Maximize Financial Compensation
You do not have an unlimited amount of time to file a claim for compensation after a car accident. If you do not file within two years of the accident date, the New Jersey civil court system will refuse to hear your case. Do not let the deadline pass you by.
When you need a proven car accident attorney you can count on, Demand Rand. Rand Spear The Accident Lawyer is committed to helping you get through these emotionally taxing and physically draining times. Request a 100% free consultation when you call our office or fill out our convenient contact form to get started on your car accident claim as soon as today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
