what are the statute of limitations in NJ for filing a personal injury lawsuit against tortfeasor

South Plainfield, NJ Viewed 606 times. Posted 11 months ago in Personal Injury

What i like to know is if i still have time to do so.: I worked for a local warehouse in nj making deliveries to customers with a company vehical. i started with this company 9/2003 and was let go 11/2007. when making a delivery i was hit at a red light. at that red light i was at a full stop for more than one min. and wasn't moving. it was raining and the person who hit me was on a cell phone and had the sun visor down. i hit my head on the window behind me but at the time did not think that i was hurt so i didn't go to the ER when the officer asked me to go and was able to finish out my day. a couple days later my back started hurting me so i went to a Orthopedic doctor and started treatment and Physical Therapy with him. before this accident i have never had problems with my back. needless to say due to pain and Dr. appontments i missed time at work because the company i worked for didn't have a back up driver they told me i was costing them money and the had to let me go. i never filed a lawsuit against the company i worked for or the person who hit me. - Is this your question? Add additional information

Answers (2)

Francisco Jose Rodriguez

This attorney is licensed in New Jersey and 1 other state. Posted 11 months ago.

You have two years from the date of the motor vehicle accident to file a law suit against the driver of the car who hit you. You may also have a workers compensation claim against your employer. These would be two separate claims. The workers compensation claim would also have to be filed within two years of the accident. Your posting does not give me sufficient information to determine if you have a claim for wrongful termination against your employer.

Steven M Weisbrot

This attorney is licensed in New Jersey and 1 other state. Posted 10 months ago.

Generally, the Statue of Limitiations in a New Jersey negligence case is two years.

There are certain situations however which may affect the length of the Statue of Limitations. For example if a minor was involved the statute of limitations for the minor is usually 2 years from the minor's eighteenth birthday. New Jersey also recognizes what is known as the "discovery rule", which provides that the statute of limitations begins to run when the injured party knows or should have known that an injury was caused by another. Please keep in mind that the "discovery rule" is a very narrow exception to the statute of limitations and only can be relied upon under very narrow circumstances. If you would like to discuss your specific case, I urge you to contact an attorney immediately. I would welcome you to contact me directly.

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