When people are injured because of another party’s negligence, they may consider pursuing a personal injury lawsuit. A personal injury case exists to hold a negligent party responsible for injuries that occur as a result of that negligence. There are cases in which people may hesitate to bring a lawsuit against another party for a long period of time after an accident. This may be due to a fear that they cannot afford the legal fees that come with the lawsuit or they do not wish to cause any further trouble. This is usually the case if the individual would be filing a claim against a relative or friend.
Often times, people do not realize that personal injury attorneys are paid on a contingency basis. This means the attorney only gets paid in the event that they recover an award for the injured party. In addition to this, the payment is typically taken out of the award that is recovered.
New Jersey’s Statute of Limitations
If someone is hurt in a personal injury accident and wishes to pursue a lawsuit, it is important that they not wait too long to do so. This is because there is a statute of limitations on filing a lawsuit. A statute of limitations is a deadline that people are required to meet if they want to file a lawsuit against another party. In the state of New Jersey, an injured party has a two-year statute of limitations from the date of the injury to pursue a claim for a personal injury case.
If an individual does not file a lawsuit within this two-year time limit, the state of New Jersey will not allow them to bring a lawsuit against the negligent party.
Notice of Claim Requirements
A different process is in place to pursue a lawsuit in the event that an individual becomes injured because of a municipality’s negligence. Typically, the state of New Jersey is protected from claims against the government under the New Jersey Tort Claims Act. However, Section 59:2-2 of the Act allows for an exception to this rule if individuals are injured because of the negligence of a public entity.
In the event of this, the injured party may file a Notice of Claim. This gives notice to a municipality, informing them that the individual plans to bring a lawsuit against them. In New Jersey, people are given a period of 90 days from the date of the injury to file a Notice of Claim. An experienced personal injury attorney can be beneficial for individuals to help them navigate their case.
Contact our Firm
If you or someone you know sustained an injury in a car accident and wishes to speak with a skilled attorney, contact the Law Office of Christopher T. Howell, Esq. today.