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Saijitech Company > Blog > Law > Is Your Personal Injury Claim Doomed? The Statute of Limitations Explained
Law

Is Your Personal Injury Claim Doomed? The Statute of Limitations Explained

By Oscar Jack Last updated: December 31, 2024 4 Min Read
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Personal Injury Claim

You should know your rights and the timeframes that affect your case if you are hurt in Edison by someone else’s carelessness.  Personal injury attorneys from Davis, Saperstein & Salomon P,C., recognize that not every accident has to happen,  and victims shouldn’t have to shoulder the financial burden. They can give you the direction and defense you demand. 

Contents
Why Does The Statute Of Limitations Matter?Key Considerations for Personal Injury Claims Importance of Timely ActionReach Out For Help

Why Does The Statute Of Limitations Matter?

The statute of limitations serves several purposes:

  • Protecting Defendants: It prevents defendants from being sued indefinitely, so they can go on and live their lives. 
  • Promoting Timely Resolution of Claims: It can speed up the claims process, helping plaintiffs get their claim filed quickly before delays hinder the evidence. 
  • Ensuring Fairness: Without it, legal matters are not resolved in a reasonable amount of time and stale claims can arise in which it may be difficult to defend. 

Key Considerations for Personal Injury Claims 

  • Accrual of the Cause of Action: The injury timer starts ticking when the injury occurs. But in some situations, it may be unclear that an injury has happened right away. However, sometimes this timeframe doesn’t start until the injury is discovered by reasonable diligence. 
  • Tolling the Statute of Limitations: There are circumstances when this can be paused.  This can happen in situations where the defendant is not in the same state as the complainant, involves minors, or concerns individuals who are mentally incapacitated. 
  • Lawsuit Filing: After establishing that you successfully proven your personal injury claim, you have the right to bring a legal action within the specified time frame. This entails drafting a complaint, delivering it to the accused, and filing it with the appropriate court.
See also  Key Considerations in Choosing Your Family Law Attorney

Importance of Timely Action

An injured plaintiff in New Jersey has two years from the date of the injury to file a personal injury lawsuit under the state’s statute of limitations. There are serious consequences if the statute of limitations date is missed. Steer clear of the risk of it being rejected and of losing your claim for reimbursement.  Even if you have a strong case, missing this deadline could hinder you from seeking settlement.

The best action is to have a personal injury attorney analyze your case immediately. Your attorney will also confirm that your claim has been submitted within the applicable statute of limitations.

Here’s why you should file early:

  1. Preserving Evidence: Evidence can also wither over time and witnesses can be tougher to find. Acting quickly helps them get helpful evidence in your case.
  2. Building a Strong Case: Filing early allows your attorney enough time to act and properly investigate the accident, obtain medical records, and consult with experts. This is critical, especially in identifying the extent of your injuries and whose fault it was.
  3. Avoiding Last-Minute Issues: Waiting until the deadline is near adds unnecessary pressure and it takes away time that you have for possible complications. By filing early, you’re helping your legal team create a strong case.

Reach Out For Help

Time is not on your side in personal injury lawsuits. Davis, Saperstein, & Salomon P.C. can navigate the intricacies and are ready to take on the most serious of personal injury cases for their clients. Don’t put it off until all is done. Contact attorneys who are experienced and will fight for your rights and secure you the best compensation amount. 

See also  Cannot Find the Right Truck Accident Lawyer in Alabama? This Article Should Help

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Oscar Jack December 31, 2024 December 31, 2024
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Oscar Jack, Editor in Chief and writer here on saijitech.com Email: oscarjack@saijitech.com

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