Extending the Time for Filing a Lawsuit to Recover Compensation for Your Losses

When you are injured in New Jersey in any type of accident caused by someone else’s wrongful act, you have the right to file a personal injury lawsuit, but you must typically do so within two years of the date of your injuries. That’s because the statute of limitations typically bars any claims not filed within that period. Is the statute of limitations a hard and fast rule? Is there ever a situation where you can suspend or lengthen the time that you have to file?

The Discovery Rule as Applied to the New Jersey Statute of Limitations

Some types of injuries, such as traumatic brain or back/neck injuries, may not appear significant in the days, weeks and months following an accident. They can, however, develop over time and have significant consequences. Under established law in New Jersey, the period of time to file a personal injury complaint may be extended, or “tolled,” until such time as the injured person “discovered” or should reasonably have discovered the injury.

The Requirement that an Injured Person Make a Reasonable Inquiry

You cannot, however, willfully ignore the consequences of an accident and then ask the court to give you more time to file your complaint. Under New Jersey law, an injured person must make a “reasonable” inquiry about the nature and seriousness of potential injuries. If, for example, a reasonable person would expect some level of injury as a result of an accident, the failure to immediately seek medical treatment could be considered unreasonable by the court, and any request for an extension of the statute of limitation may be denied.