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How To Know If It Is Too Late To File A Slip And Fall Injury Claim?

If you are from New Jersey and have injured yourself in a slip-and-fall accident, you should be aware of the deadline to file a legal claim. After the accident, you must have incurred various damages, some common ones including medical treatment costs and lost wages. Surely, you do not want to deal with the piles of bills yourself and hold the liable party responsible. 

In New Jersey, there is a timeframe within which you must file your slip and fall personal injury. Failing to do so results in no compensation. The deadline is known as the statute of limitations. Talk to a Jersey City slip and fall attorney today to know your several options. 

Why do states have time limits to file a personal injury slip and fall claim?

The law in New Jersey states that you have two years from the date of the accident to file your slip and fall accident claim against the liable party. Similarly, other US states also impose a statute of limitations; however, the time limit may differ. The time limit is set keeping certain things in mind. 

Setting a time limit for people to bring their personal injury lawsuits allows the civil justice system to work efficiently. The statute of limitations encourages people to avoid wasting time and come forward with their legal matters as quickly as possible. It keeps the courthouses free of old cases and avoids inviting too many cases at once. 

Moreover, it also pushes the plaintiff to file the claim while evidence is still retrievable. Evidence regarding a slip and fall injury can only be found if you start working with an attorney immediately. The longer you wait, the less your chances of finding something useful. For example, if you wait a month to visit the accident site and gather evidence, the property owner may have already covered up their mistake. 

Exceptions to the two-year law 

There are certain exceptions to the two-year law, which are only allowed in special circumstances. They are: 

  • Minor victims cannot file a claim independently, and their parents must bring it on their behalf. However, if that does not happen, the minor can wait until they become an adult to file a claim. 
  • If the victim was injured in a criminal case, the court might wait until the criminal case is resolved. 
  • If the victim suffers from mental trauma and becomes incapacitated, the court usually waits until they regain capacity.