GENERALLY, THE INFORMATION BELOW IS ACCURATE AS TO THE TIME FRAME YOU HAVE TO FILE A LAWSUIT. HOWEVER, YOU CANNOT RELY SOLELY ON THE BELOW AS THERE ARE MANY EXCEPTIONS, AND MANY REQUIREMENTS FOR FILING A PRE-SUIT NOTICE OF CLAIM. YOU MUST CONTACT A QUALIFIED ATTORNEY TO DISCUSS EXACTLY WHEN A CLAIM MUST BE FILED OR LOSE THE RIGHT TO SUE!
There’s a lot to think about right after an accident. You need to get medical care, arrange for time off from work, get help with your daily activities, and rest and recover.
Pursuing a legal recovery is likely not at the top of your to-do list. However, your time to take legal action is limited by law.
Taking the necessary steps to protect your legal rights doesn’t have to be stressful. You have the right to contact a personal injury lawyer for a free consultation about your rights, possible claim, and next steps.
At Hofmann and Schweitzer, our experienced personal injury attorneys understand the challenges you face after an unexpected accident. We're here to guide you through the legal process, make sure you don’t miss any critical deadlines, and fight for the compensation you deserve.
Your Time to File a Lawsuit is Limited
The statute of limitations is the legal deadline for filing a lawsuit. If you miss this critical window, you could lose your right to seek compensation for your injuries entirely. In New York and New Jersey, the statute of limitations varies depending on the type of case:
- Personal injury. In most personal injury cases, such as car crashes, truck accidents, slip and falls, or construction accidents, you have three years from the incident date to file a lawsuit in New York. In New Jersey, the deadline is typically two years.
- Wrongful death. When a loved one dies due to someone else's negligence, surviving family members may pursue a wrongful death claim. In New York and New Jersey, the wrongful death statute of limitations is two years from the date of death.
- Claims against public entities. If your injury involves a government agency or employee, such as a slip and fall on public property or an accident with a city bus, you must follow a different set of rules. You have just 90 days in New York to file a formal claim against a public entity. New Jersey requires notice within 90 days of the incident.
- Maritime claims. Generally, you have three years from the date of your accident to bring a claim under the maritime law and the Jones Act. There are various exceptions, such as a claim against the United States, which might require a Notice of Claim within a short period of time and suit to be commenced within 2 years. There are other exceptions, and you need to consult with an attorney to learn exactly what the time constraints are.
Generally, your case begins when you file a complaint in the appropriate court. Pursuing an insurance claim is not the same as beginning a lawsuit and is irrelevant to beginning your case before the statute of limitations expires.
What Happens If You Miss the Statute of Limitations Deadline
If you file a lawsuit after the deadline, the defendant will almost certainly file a motion to dismiss. In most cases, the judge will grant this motion, and you'll be barred from recovering compensation for your injuries.
In addition to the legal consequences, waiting too long to act can make it harder to gather crucial evidence to support your claim. Over time, witnesses' memories fade, surveillance footage may be erased, and important documents could be lost or destroyed.
The Benefits of Consulting a New York or New Jersey Personal Injury Lawyer Early
While the statute of limitations may not be at the top of mind immediately after an accident, meeting these deadlines is crucial. Consulting with a personal injury attorney early offers several key advantages, including:
- Compliance with deadlines. Your attorney can file your complaint in court before the statute of limitations expires.
- Thorough investigation. By involving an attorney early on, you'll have a legal team working to gather evidence, interview witnesses, and build a strong case on your behalf.
- Maximizing compensation. Insurance companies often try to settle cases quickly, before the full extent of the injuries is known. Your attorney can advocate for your best interests and fight for the full compensation you deserve.
- Peace of mind. Knowing that you have an experienced legal professional handling the details of your case can provide much-needed peace of mind during a challenging time. Our policy is to return phone calls within 24 hours, so you're never left wondering what you should be doing, what’s happening with your case, or what will happen next.
- Personalized service. We are a small firm that provides individual attention to each client. That goes beyond returning phone calls promptly. Here is what our client Nina said about working with us after a motor vehicle accident, “I was in a cab taking my cat to the veterinarian when a car that was parked alongside the curb pulled out in front of the cab and the two collided. I injured my shoulder and had therapy for several months. The doctor wanted to do surgery, but I could not afford to stay off work as a postal worker. I hired another firm, but they could not answer my questions on what I should do. A friend of mine told me about Hofmann & Schweitzer, and from day one, I knew I had made the right selection of lawyers. They helped me with obtaining pre-settlement financing, and I was able to get the surgery I needed. I was very happy with the way Dario Chinigo handled my case and the settlement I got. Everyone at the law firm was friendly and helpful during this difficult time in my life. I would recommend them to anyone who needs personalized service like I got with them."
If you've been injured due to someone else's negligence in New York or New Jersey, don't wait to seek legal guidance.
