When individuals suffer an injury due to the negligence of another person or feel they need to file a lawsuit based on a civil offense, it is crucial to understand that there is not an unlimited amount of time for filing such a case. Each state has a set of deadlines in place for when a civil matter must be filed with the courts. These deadlines for filing civil cases are known as statutes of limitations. Your civil case hinges on filing before the civil statutes of limitations expire.
Oftentimes, an individual does not understand the importance of the deadlines in a civil case and fails to file in time. Missing the deadline could mean losing the opportunity to seek the relief requested in a civil lawsuit. An experienced civil litigation lawyer in New Jersey understands the civil statutes of limitations required by state law and could help ensure compliance with them.
Types of Civil Matters in New Jersey
Civil law includes a variety of matters, so it is important to understand the type of civil claim for statute of limitations purposes under New Jersey law. The most common type of civil lawsuit relates to injuries caused by the negligence of other people or entities. However, a civil matter could also arise from numerous situations, including most types of disputes between individuals and/or businesses over money or other assets.
Along with personal injury cases, some of the commonly filed types of civil matters include:
- Medical Malpractice
- Wrongful Death
- Product Liability
- Legal Malpractice
- Slander and Libel
- Employment Disputes
- Sexual Harassment
- Debt Collection
The type of civil lawsuit often corresponds with the factual circumstances that form the cause of action. For that reason, there are many types of civil matters that could be unknown to individuals who do not commonly practice before New Jersey courts. A knowledgeable civil statutes of limitations attorney in New Jersey could help identify the cause of action for a civil filing, based on the circumstances of the case, to help ensure compliance with New Jersey law.
Common Civil Statutes of Limitations in New Jersey
It is critical to understand that the type of civil case is not the only factor that can affect the deadline for filing a case. The age of the person who was injured or affected by the actions of another could also affect the deadline of a civil filing. Additionally, the date on which the malpractice of an individual was found or could have been found might cause a statute of limitations deadline to be changed.
There are some common statutes of limitations that individuals should be familiar with under New Jersey law. For instance, personal injury cases must be filed within two years of the date of the injury for adults and within two years of the individual’s 18th birthday for minors who sustained injury. Similarly, medical malpractice cases, for adults, must be filed within two years of the date the malpractice occurred or the date the malpractice could have been known to the injured party. When a minor is injured as a result of medical malpractice, the case must be filed within two years of the injured minor’s 18th birthday.
For claims involving slander or libel, the statute of limitations is commonly one year after the publication of the alleged libelous or slanderous content. Contractual disputes often range significantly in the amount of time for filing a case, with most cases requiring a filing within six years while others can be filed up to 16 years after the alleged occurrence or offense.
It is important to remember that this is not a complete list of all of the civil statutes of limitations. New Jersey law contains statutes that specifically reference the civil statutes of limitations so experience in the New Jersey civil court system is often helpful in determining the necessary deadlines. As such, a well-versed New Jersey civil lawsuit lawyer has the necessary experience to determine when a civil claim must be filed to ensure a case is not barred by the statute of limitations.
Why Does New Jersey Have Civil Statutes Of Limitations?
Although deadlines for filing a case might seem unfair to individuals suffering injuries or other losses due to the actions of others, there are justifications for having statutes of limitations. One of the main justifications is the preservation of evidence for both the plaintiffs and defendants in the case. As time passes, it is more likely for any witnesses’ memories to fade and evidence to become lost or inadequately preserved.
Another common justification is the overall fairness to all parties involved in the civil matter. If a civil lawsuit was permitted at any time without any deadline, disadvantages and prejudices could arise for the parties involved, especially for defendants who might not be able to prepare a proper defense years after the occurrence of the event giving rise to the civil matter.
It is important to remember that the statutes of limitations may seem like a barrier for injured parties to seek the relief they may deserve; however, there are exceptions to the common deadlines to protect the rights of individuals or entities filing civil lawsuits. A dedicated civil litigation attorney in New Jersey could help analyze a case to determine the proper statute of limitations and how to proceed.
Contact a Civil Litigation Attorney in New Jersey Today
Knowing the statute of limitations for a civil matter is one of the most crucial factors when preparing a lawsuit. Failing to file a civil lawsuit within the deadline prescribed by New Jersey law could result in the case being barred along with any relief sought in the case. Unfortunately, all civil matters do not have the same statute of limitations, so the allegations in the case often determine the time available for filing a case. A skilled New Jersey civil litigation lawyer could help navigate the complexities of a civil case to ensure that the case is properly filed within the necessary deadlines.
Contact me today for a no-obligation consultation. Let’s discuss your case.
