How Long Do You Have to File a Claim for a Truck Accident in NJ?

After a serious truck accident, the truck driver, trucking company, and insurance company are not on your side. And, unfortunately, neither is time.

The hard truth is you’re facing a pretty tight timeline for filing your truck accident claim. Despite your severe injuries and the many obstacles you now face, if you miss that deadline, you likely won’t be able to recover compensation for your injuries.

That’s not acceptable. You deserve compensation when a negligent truck driver injures you. And that’s why it’s so essential to know how long you have to file a claim for a truck accident in New Jersey.

And you’re about to find out. Keep reading, or reach out directly to the Rosengard Law Group team to schedule a free consultation. Here’s what you need to know about the timeframe for filing a truck accident claim in New Jersey.

The Statute of Limitations

In New Jersey, the statute of limitations for filing a personal injury claim, including those resulting from truck accidents, is generally two years from the date of the accident. 

This means you have a two-year window to initiate legal action against the responsible parties. If you fail to file your claim within this period, you may lose your right to seek compensation.

Why the Statute of Limitations Matters

Filing a claim within the statute of limitations is absolutely critical for several reasons:

• Legal rights. If you miss the deadline, you forfeit your right to pursue certain forms of legal action, and New Jersey courts will likely dismiss your case.
• Evidence preservation. Filing promptly helps preserve crucial evidence, such as accident reports, witness statements, and physical evidence from the scene.
• Witness availability. Witnesses’ memories fade over time. And their availability may decrease as time passes. Early filing ensures that their testimony remains fresh and easily accessible.
• Timely medical records. Immediate medical documentation of your injuries strengthens your case and helps establish a clear link between the trucking accident and your injuries.

Exceptions to the Two-Year Rule

While the two-year statute of limitations applies in most New Jersey truck accident cases, there are exceptions where the time frame may be different. 

Here are some examples of those exceptions:

• Minors. If the accident victim is a minor, the statute of limitations may be extended. The two-year period typically starts once the minor turns 18.
• Discovery rule. In some cases, injuries or damages may not be immediately apparent. The statute of limitations can be extended if you could not have reasonably discovered the injury or its cause at the time of the accident. The two-year period would then begin from the date you discovered or should have discovered the injury.
• Government entities. If your truck accident claim is against a government entity or employee, specific procedures and shorter time frames often apply. You typically have to file a notice of claim within 90 days of the accident.

Steps to Take After a Truck Accident

To make sure you meet the necessary deadlines and build a strong case, take the following steps after a truck accident:

• Seek medical attention. Your health is the top priority. Get immediate medical attention, even if your injuries feel minor. This also creates essential medical records to use as evidence in your claim.
• Document the scene. If possible, take photos of the truck accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
• File a police report. Even if it seems unnecessary at the time, make sure that a police report is filed. This will likely be a critical piece of evidence in your case.
• Notify your insurance company. Report the accident to your insurance company promptly. But be cautious about providing detailed statements without legal advice.
• Consult an attorney. Contact an experienced truck accident attorney (such as Rosengard Law Group) who can guide you through the legal process, help gather evidence, and ensure all deadlines are met.

The Clock Is Ticking. Call a New Jersey Truck Accident Lawyer.

For a commercial truck accident, Pursuing compensation is stressful and difficult. And the short two-year deadline for filing your claim only piles on to the stress and struggle.

We get it. We’ve seen countless New Jersey truck accident victims just like you struggling to meet the many deadlines they now face just to get the compensation they are legally entitled to.

And we’ve helped many of those victims. How do we help? By representing your best interests and protecting your rights from day one all the way to the very end of your case. And part of that involves making sure you file your truck accident claim on time.

Ready to get a trusted truck accident attorney in your corner? That’s just a phone call or email away. The team at Rosengard Law Group is ready to meet with you in a completely free and confidential consultation.To schedule yours, give us a call at 856-284-6446 or contact us online as soon as you can.