In New Jersey and New York, the statute of limitations for personal injury claims is crucial. It dictates the time limit the injured person has to file their lawsuit. Failing to file within this timeframe can result in losing the right to pursue legal action, which could have significant implications for your case.
Here, we discuss the time limits for each state.
What is the Statute of Limitations for Personal Injury Claims in New York?
In New York, the statute of limitations for most personal injury claims, including those arising from car accidents, slip and fall accidents, medical malpractice, and other types of negligence, is generally three years from the date of the injury.
However, there are exceptions to this rule. For example, claims against a municipality or government agency typically have a shorter time limit of 90 days to file a notice of claim, and then a lawsuit must be filed within one year and 90 days from the date of the injury.
Additionally, claims involving medical malpractice have a slightly different statute of limitations. Generally, the three-year limit still applies, but it begins to run from the date of the alleged malpractice or the last date of continuous treatment for the same condition by the allegedly negligent healthcare provider, whichever is later.
What is the Statute of Limitations for Personal Injury Claims in New Jersey?
In New Jersey, the statute of limitations for most personal injury claims, including those stemming from car accidents, slip and fall accidents, medical malpractice, and other forms of negligence, is generally two years from the date of the injury.
Like New York, there are exceptions to this rule. For instance, claims against public entities have a shorter time limit of 90 days to file a notice of claim, followed by a lawsuit within two years from the date of the injury.
Medical malpractice claims in New Jersey also have a different statute of limitations. Generally, the two-year limit still applies, but it begins to run from the date of the negligent act or the discovery of the injury, whichever occurs later, with a maximum limit of six years from the date of the act or omission.
Contact Our Personal Injury Attorney Today
In either state, the sooner you contact our dedicated New York and New Jersey personal injury lawyers at Omni Injury and Accident Law, the faster we can begin preserving vital evidence to help us build your case for success, starting with a free consultation.