How Long After Car Accident Can You Claim Injury In NJ?

If you’re in a car accident in New Jersey, you have a limited amount of time to file a claim for any injuries you might have sustained.

These regulations play a crucial role in ensuring that assertions are made while facts and supporting evidence are still recent.

This article will concisely describe the procedure and time frame for submitting injury claims following an auto accident in New Jersey. 

Individuals can act quickly and defend their rights by being aware of these rules.

Understanding the Statute of Limitations

The “Statute of Limitations” is a legal term that refers to the maximum amount of time someone has to start a legal action.

For car accidents in New Jersey, there’s a set time during which you can file a claim if you’ve been injured. 

If you miss this period, you might not be able to claim compensation for your injuries.

The Discovery Rule: Extending the Deadline

In some cases, you might not realize you’re injured right after the accident. Maybe the injury will show up later.

New Jersey has something called the “Discovery Rule.” This rule means that the time to file a claim might be extended if you discover the injury later on. 

It ensures that people who didn’t know about their injuries right away still have a chance to seek compensation. It’s crucial to know these rules so you can take the right steps after an accident.

How the Type of Injury Affects Claim Timing

In New Jersey, the time you have to claim an injury after a car accident can sometimes depend on the kind of injury you have.

Some injuries, like cuts or bruises, are visible immediately after the accident. 

But others, like internal injuries or issues related to shock, might not show up until days or even weeks later.

Reporting and Documentation

1. Always inform the police and your insurance company after an accident.
2. Create an official record of the incident for future reference.
3. Collect evidence from the accident scene, including photos and witness details.
4. Secure medical records detailing the nature and extent of your injuries.
5. Maintain thorough documentation to support your injury claim effectively.

Careless driving is when someone operates a vehicle without the caution that a reasonable person would use under the same conditions.

It’s a less severe offense than reckless driving, but it still shows a lack of attention to safety.

Consulting a Personal Injury Lawyer

If you’ve been in a car accident in New Jersey and think you have an injury, it’s wise to consult a personal injury lawyer.

These lawyers specialize in helping people who’ve been hurt due to someone else’s actions.

They can guide you through the complex legal process, ensuring you take all the necessary steps correctly. 

A lawyer can also give you advice on the worth of your claim and help negotiate with insurance companies.

With their expertise, you stand a better chance of getting the compensation you deserve

See also: Newark Personal Injury Lawyer

Avoid Following Mistakes When Filing Car Accident Claim

When you’re filing a car accident claim in New Jersey, it’s crucial to avoid certain mistakes. Here are a few:

Not Seeking Medical Attention: Even if you feel okay, always see a doctor. Some injuries aren’t obvious right away.

Waiting Too Long: Remember the time limits. If you delay, you might lose the chance to file your claim.

Not Keeping Proper Records: Always keep track of all medical visits, bills, and any other evidence.

Talking Too Much: Be cautious about what you say to insurance agents or the other party involved. It’s best to let your lawyer handle most of the communication.

By being aware and taking the right actions, you can ensure your rights are protected after an accident.

FAQs

Can I file an injury claim after the statute of limitations has passed?

Typically, no. Once the statute of limitations expires, you usually cannot file a claim. However, there are exceptions like the “Discovery Rule” in certain cases.

Does the statute of limitations apply differently based on the type of injury I sustained?

Yes, certain types of injuries might allow for an extended filing period, especially if they’re discovered later.

Can I still file an injury claim if I didn’t report the accident?

Reporting is crucial. While not reporting might not bar you from filing, it can make the claim process more challenging and possibly weaken your case.

Should I consult a personal injury attorney for my claim?

Absolutely. A personal injury attorney can guide you through the legal process, ensuring your rights are protected and you get the compensation you deserve.

Conclusion

Understanding the laws governing injury claims resulting from auto accidents is essential in New Jersey.

The type of damage you have may have an impact on the deadlines within which you must submit a claim. 

To ensure your rights are upheld, it is crucial to thoroughly document the accident, seek medical attention, and speak with a personal injury attorney.

When submitting your claim, avoiding common errors might significantly affect the result. 

Being informed and acting promptly and correctly are essential if you or someone you know is involved in a car accident in New Jersey so that you can receive the compensation you are entitled to.