Articles Tagged with statute of limitations

Personal injury lawsuit mistakes to avoid; woman in neck brace discussing details of accident while another person takes notesAccidental injuries can impact your life physically, financially, and emotionally. Being compensated for your injuries and losses can help to some extent but, unfortunately, it is often necessary to file a personal injury lawsuit to collect the compensation to which you are entitled.

Following are just five of the most common mistakes that can jeopardize a personal injury case.

  1. Delaying medical treatment; not following through on a treatment plan – Failing to seek medical attention in a timely manner, refusing treatment, missing doctors’ or physical therapy appointments can all be construed as indications that the injury may not be as serious as claimed, or that the injured party’s actions increased the severity of their injuries or prolonged their recovery.

tort_claims-300x200In most personal injury cases, the statute of limitations for filing a lawsuit to recover damages is two years from the date of the incident. It is different, however, if the injuries or property damages were the result of an incident involving a government entity or an employee or contractor of that entity.

The New Jersey Tort Claims Act mandates that notice of a claim against state or local government entities be filed within 90 days from the date of the incident, otherwise, the injured party can be barred from filing future lawsuits relating to the incident. There is an exception to the 90-day statute of limitation if the injured party can demonstrate extraordinary circumstances that prevented them from submitting a claim within the required timeframe.

Government agencies may be held liable for injuries caused its employees, or an unsafe condition on government property that is open to the public. That liability, however, is limited and, in some cases, immunity may be granted unless certain conditions are met.

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