Key Takeaways:
New Jersey law sets a two-year deadline for most personal injury lawsuits in Monmouth County:
- Claims against a town or county, such as a fall on a public sidewalk, often require written notice within just 90 days.
- Waiting too long to consult a lawyer can weaken a case, since evidence and witness memories fade quickly.
New Jersey law gives most injured people two years from the date of an accident to file a personal injury lawsuit in Monmouth County, under N.J.S.A. 2A:14-2. For example, someone who was hurt in a car crash on Route 9 in Freehold would generally need to file suit within two years of the crash date. Missing that window usually means losing the right to sue entirely, though a few exceptions can stretch or shorten the clock.
What Is the Difference Between an Insurance Claim and a Lawsuit?
An “insurance claim” asks an insurance company to pay for medical bills, lost wages, or property damage after an accident, and this process usually starts within days or weeks of the incident. A "lawsuit” is a formal case filed with the Monmouth County Superior Court, which becomes necessary when settlement talks with the insurer stall. Most personal injury cases begin as claims, becoming lawsuits when a fair deal cannot be reached.
What Is the Statute of Limitations for Personal Injury in New Jersey?
Under N.J.S.A. 2A:14-2, most personal injury lawsuits must be filed within two years of the accident date. This deadline covers car crashes, slip and falls, dog bites, and many other injury cases across Monmouth County towns like Freehold, Middletown, and Long Branch.
Are There Exceptions to the Two-Year Deadline?
Exceptions to the two-year deadline are as follows:
- If the injured person was under 18 at the time of the accident, the deadline generally does not start until their 18th
- If an injury was not discovered right away, such as in some medical cases, the two-year period may begin later, once the harm is reasonably known instead of on the accident date itself.
What Happens if a Government Entity in Monmouth County Caused the Injury?
Claims against a public entity, like a fall on a broken sidewalk owned by a township or an accident on a county-maintained road, fall under the New Jersey Tort Claims Act. These claims require written notice to the public entity within 90 days of the injury, which is far shorter than the standard two-year deadline for private lawsuits.
Frequently Asked Questions (FAQs):
Does the two-year deadline apply to wrongful death cases?
“Wrongful death” lawsuits generally must be filed within two years of the date of death, not the date of the original injury. This rule comes from a separate section of New Jersey law.
Can a case still move forward if the deadline was missed?
In most cases, a missed deadline means the court will dismiss the lawsuit and the right to seek payment ends. As mentioned, a few limited exceptions exist.
Does filing an insurance claim pause the lawsuit deadline?
Filing a claim with an insurance company does not pause or extend the two-year deadline to file a lawsuit. The insurance process and the court deadline run on separate tracks, which is why many people involve a lawyer early.
Do Not Let the Clock Run Out on Filing Your Claim: Contact Our Experienced Monmouth County Personal Injury Lawyers at Lombardi & Lombardi, P.A. Today
For legal guidance with filing a claim or potential lawsuit, contact our Monmouth County personal injury lawyers at Lombardi & Lombardi, P.A. For a free consultation, call 732-906-1500 or contact us online. With office locations in Brick, Freehold, Edison, and Toms River, New Jersey, we proudly serve clients throughout the state.
