What Is the Statute of Limitations for Personal Injury Cases in Pennsylvania and New Jersey?
In Pennsylvania and New Jersey, you generally have two years from the date of your injury to file a personal injury lawsuit. It’s important to act quickly so you don’t lose your chance to seek compensation.
If you wish to pursue a personal injury claim, you’ll have to act before the filing deadline, also known as the statute of limitations, runs out. The Pennsylvania statute of limitations is two years, which typically begins counting down on the date an accident or injury occurs.
New Jersey also has a two-year legal time limit to file, though each state may vary. It’s essential to consult with a personal injury attorney who is familiar with state laws and filing requirements. If you fail to file an injury lawsuit before the statute of limitations runs out, the court will dismiss the case, and you will lose the opportunity to seek compensation.
Some victims have limited time to take legal action, so it’s crucial to seek the advice of an experienced lawyer as soon as possible after an accident. For instance, you may want to sue a municipality for roadway maintenance failures after being involved in a car accident. You’ll have to provide a six-month notice detailing your intent to sue the government entity.
How To Determine When the New Jersey and Pennsylvania Statute of Limitations Start
Imagine you’re in a car accident that leaves you with a whiplash injury. The day of the crash marks the two-year countdown when you’re able to file a civil lawsuit. In other cases, the starting date is not as clear-cut.
Some exceptions apply, including for:
- Delayed discovery: Injuries or their causes may not be apparent right away. Once someone discovers the connection between their injury and another party’s negligent behavior, the statute of limitations begins.
- Minors: For victims injured as minors, the statute of limitations may begin on their 18th birthday, giving them an additional two years from that time to take legal action. Their parents could file on their behalf while they’re still minors.
- Incapacitated victims: Perhaps an accident leaves someone in a coma for several weeks. The law places a pause on the filing deadline and resumes it when they’re no longer incapacitated.
- Medical malpractice: You may be a victim of medical malpractice but require further treatment from the healthcare provider in question. The deadline begins once you end the continuous treatment.
Want more insight into New Jersey and Pennsylvania’s statute of limitations, including how it applies to your case? Contact Ostroff Godshall Injury and Accident Lawyers for a consultation. We handle personal injury cases in both states and are happy to review the details of your case.
Submit our online request form or call (484) 351-0350.