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Time limits on personal injury claims in New York and New Jersey

On Behalf of | Oct 6, 2021 | Personal Injury

When you are injured by the negligence of another person, it’s natural to want them to be held accountable for their actions. For victims of negligence, a personal injury lawsuit is a powerful tool at their disposal. But if you decide that filing a negligence claim is the best option for you, you need to understand there are time limits involved.

Statute of limitations

Both New York and New Jersey give individuals the legal right to seek compensation when they are injured. Common examples of negligence include car accidents and premises liability, where the owner or operator has done an act which was unreasonable under the circumstances and that act caused the injury.

Despite granting the right to sue, states also require that those suits be made within a certain amount of time – this is called the statute of limitations and it can vary from state to state. If the injured person fails to bring their lawsuit within appropriate time limit, the right to bring it is lost forever.

Specific time limits

New York’s statute of limitations for personal injuries is three years. Product liability, premises liability and car accidents all fall into this category. Normally, the three years is calculated from the date of the injury but there are circumstances that can change this. The statute of limitations for medical malpractice is two years and six months, while the limitation for wrongful death actions is just two years.

New Jersey, on the other hand, maintains a two-year statute of limitations for all of these actions – personal injury, medical malpractice and wrongful death. It’s critical that you comply with the statute of limitations when you’re contemplating a personal injury lawsuit. When in doubt, seek the assistance of a knowledgeable professional to guide you through your decision.



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