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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
Car accidents can leave you facing a whirlwind of stress—from physical injuries and medical bills to insurance disputes and lost wages. Yet, one of the most critical factors in securing compensation is something many accident victims overlook: the legal deadline to file a lawsuit. In New Jersey, these deadlines, known as the “statute of limitations,” are strict and inflexible. Missing your window can mean losing your right to any compensation, no matter how strong your case is. If you’re worried that time is running out—or you think you’ve already missed your chance—read on. This guide is designed to give you clear answers, practical advice, and peace of mind about your next steps.
When you’re injured in a car accident, you don’t have forever to decide whether to file a lawsuit. New Jersey law imposes a specific time limit on how long you have to take legal action against the person or entity responsible for your injuries or damages. This time limit is called the “statute of limitations,” and it starts running from the date of your accident or, in some cases, the date you discovered your injuries.
Personal Injury Lawsuits
For most car accident victims in New Jersey, the deadline to file a personal injury lawsuit is two years from the date of the accident. This means that if you were hurt in a crash, you generally have up to two years to bring your case to court. This time frame applies whether your injuries are immediately apparent or develop over time—unless a legal exception applies.
Wrongful Death Lawsuits
If a car accident tragically results in someone’s death, the statute of limitations for a wrongful death claim is also generally two years, but the clock starts from the date of death rather than the accident itself. Family members or the estate can file this type of lawsuit to recover for their loss.
Property Damage Claims
If you are only seeking compensation for damage to your vehicle or other property, New Jersey gives you a longer window—six years from the date of the accident. Even so, it’s wise not to delay, as evidence can be lost and insurance issues can complicate recovery over time.
Special Rules for Government Entities
Cases involving government agencies have their own strict and much shorter deadlines. If, for example, your accident was caused by a hazardous road condition maintained by a city or state agency, New Jersey’s Tort Claims Act requires you to file a formal notice of claim within 90 days of the accident. After filing this notice, you usually must wait at least six months before filing a lawsuit, but the overall deadline for bringing your lawsuit is typically two years. Missing the 90-day notice requirement almost always bars you from recovering damages from the government.
What Actually Happens If You File Late?
If you try to file a car accident lawsuit after the statute of limitations has expired in New Jersey, the consequences are typically severe. The defendant (the person or entity you are suing) will almost certainly ask the court to dismiss your case, and the court will grant that request. This dismissal happens even if you have clear evidence, significant injuries, or have spent months negotiating with insurance companies.
In short, the law provides little to no wiggle room for late filings. Once the deadline passes, you lose the legal right to have your case heard and, by extension, the chance to be awarded compensation for:
Why Are These Deadlines So Strict?
Statutes of limitations exist to make sure lawsuits are filed while evidence is still fresh and available. Over time, witnesses may move away, forget important details, or documents can get lost. The law also aims to provide defendants with certainty that they won’t be sued for something that happened many years ago. For accident victims, this means it’s vital to act quickly—or risk losing all legal remedies.
While the statute of limitations in New Jersey is firm, certain exceptions—called “tolling” provisions—can pause or extend the deadline under specific circumstances. Here are the most common exceptions that might save your case if you’re worried you missed the deadline:
1. The Discovery Rule
In rare cases, injuries from a car accident aren’t immediately apparent. For example, you might suffer a brain injury or internal damage that doesn’t cause symptoms right away. If you didn’t—and couldn’t have reasonably—discovered your injury until a later date, the statute of limitations may begin on the date you discovered (or should have discovered) your injury. This is called the “discovery rule.” However, this exception is narrow and generally only applies if your injury truly was hidden or unknown.
2. Victims Who Are Minors
If the person injured in the car accident was under 18 at the time of the crash, New Jersey law tolls (pauses) the statute of limitations. The two-year countdown doesn’t begin until the minor’s 18th birthday, giving them until age 20 to file a lawsuit for injuries resulting from the accident.
3. Defendant Is Out of State or Has Committed Fraud
If the person responsible for your injuries leaves New Jersey after the accident, making it impossible to serve them with legal papers, the statute of limitations may be paused until they return to the state. Similarly, if the defendant actively concealed their involvement or committed fraud that prevented you from learning of their responsibility, the deadline may be extended.
4. Claims Against Government Entities
Remember, if you’re suing a government agency and you missed the 90-day notice deadline, there are very few exceptions. Courts will sometimes allow late filing if you can prove “extraordinary circumstances” for your delay, but this is rare and difficult to establish.
If you believe you’re close to the deadline or may have already missed it, don’t panic—but do act immediately. Here’s what you should do:
1. Consult a New Jersey Personal Injury Attorney Without Delay
Don’t assume your case is over just because you think the deadline passed. Experienced attorneys know the ins and outs of New Jersey’s statute of limitations and can quickly determine whether an exception might apply. They can also guide you through the process of preserving evidence and presenting your case in the best possible light.
2. Gather All Relevant Evidence
Collect all documents and records related to your accident. This includes:
3. Ask About Legal Exceptions
During your consultation, be sure to tell your attorney about every detail—no matter how minor it may seem. Your lawyer will ask questions to determine if your case qualifies for a legal exception, such as those discussed above. Even if your case doesn’t qualify for an exception, your attorney may be able to suggest other options, such as negotiating with insurance companies or pursuing alternative claims.
4. Follow Your Attorney’s Advice
If your attorney finds an exception that could apply, they’ll help you act fast to prepare your case and get it filed. If no exception exists, they can explain your rights and what, if anything, you can do next.
Dealing with legal deadlines is often confusing, but certain mistakes can make things much worse. Here are some of the most common pitfalls New Jersey car accident victims encounter:
Can I still file a car accident lawsuit in New Jersey if I missed the deadline? Usually, the answer is no. If the statute of limitations has expired, New Jersey courts will almost always dismiss your lawsuit. However, there are rare circumstances—such as cases involving minors, fraud, or hidden injuries—where exceptions may apply. If you think your situation might be unique, speak to an attorney as soon as possible to see if you qualify for any of these limited exceptions.
What exactly happens if I try to sue after the time limit has passed? When a lawsuit is filed after the legal deadline, the defendant (usually the at-fault driver or their insurance company) can ask the court to dismiss the case. Judges in New Jersey are required to enforce the statute of limitations, so your case will most likely be thrown out, and you will lose your right to pursue compensation for that accident in court.
Does the statute of limitations apply to all types of car accident claims? Yes, but the exact time limit depends on what kind of damages you’re seeking. For most personal injury cases, you have two years from the date of the accident. If you’re only pursuing property damage, such as repairs to your car, you typically have up to six years. For claims against government entities, the deadlines are even shorter and more complex, with a 90-day notice of claim required in most cases.
Can I get an extension if I didn’t discover my injuries until later? It is possible under the “discovery rule.” If your injuries were not immediately obvious and you could not have reasonably discovered them until a later date, the statute of limitations may start running from the date you actually discovered (or should have discovered) the injury. However, this exception is rare and must be clearly supported by medical evidence and circumstances.
What if the injured person was a minor at the time of the accident? When the person hurt in a car accident is under 18, the statute of limitations is put on hold until their 18th birthday. From that point, they generally have two years—until their 20th birthday—to file a personal injury lawsuit.
If you’re facing the aftermath of a car accident in New Jersey and are concerned about missing the lawsuit deadline, don’t wait any longer. Contact The Epstein Law Firm, P.A., right away. Our qualified lawyer can evaluate your situation, explain your legal options, and act fast to protect your rights—even if you fear your time may have already run out. Your opportunity for justice and compensation may depend on taking action now.
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