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Can I still file a lawsuit for personal injury or has the statute of limitation expired?

North Cape May, NJ |

While I was being treated inpatient at a private behavioral health center I was thrown to the floor by an employee who's title was mental health associate. I was told to get up to go to the "quiet room" and just laid still. A total of four employees picked me up from the bed I was on one on each limb and I resisted but was not combative. The employee in question pulled me away from the grip of the others, said "I'm not playing these games with you expletive" and slammed me into the floor causing a laceration requiring several stitches and leaving a very noticeable scar above my eyebrow. The expletive mentioned was a deragtory term regarding my sexual orientation. This occurred in October of 2012. Do I have a case to begin with and if so has the statute passed on filing a lawsuit?

Attorney Answers 4


  1. Best answer

    New Jersey has a two year statute of limitations period for personal injury cases with the Discovery Rule. New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations. Retain a personal injury attorney right away. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. 2 year statute of limitations. Contact a local North Cape May personal injury lawyer to investigate. Avvo has a "find a lawyer" tool to locate a top-rated Avvo lawyer with a low contingency fee. Good luck.


  3. You may have a viable claim. Consult with an experienced NJ personal injury attorney ASAP.


  4. If you have accurately described what happened, you have a personal injury claim that could be filed within two years of the date of the incident or until sometime in October of 2014. You should discuss this with an attorney.

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