Plenty of prospective clients here at DeMichele & DeMichele call our office to schedule an initial consultation and want to know whether or not they have a case.
What too few of them ask?
How long he or she has to file a claim before it’s too late for all intents and purposes.
We refer to this concept as the “Statutes of Limitations” – laws passed by state legislatures which set a maximum time after an event (e.g. a car accident) during which a lawsuit must be brought. If it isn’t? Like I said, the litigant will be forever barred from filing a lawsuit for that particular claim borrowing narrow, extraordinary circumstances.
Another key term: the Date of Accrual, the date upon which the state of limitations period begins to run. To use our car accident example, the date of accrual would be the date that the actual injury occurred.
Here is a chart identifying some of the more common legal causes of actions and the associated statutes of limitations:
|Cause of Action||Years||Statute|
|Assault and Battery||Two (2)||N.J. Stat. § 2A-14-2(a)|
|Contract (in writing)||Six (6) or Sixteen (16)||N.J. Stat. § 2A:14-1; N.J. Stat. § 2A:14-4|
|Contract (oral)||Six (6)||N.J. Stat. § 2A:14-1|
|False imprisonment||Two (2)||N.J. Stat. § 2A:14-2(a)|
|Fraud||Six (6)||N.J. Stat. § 2A:14-1|
|Legal malpractice||Six (6)||N.J. Stat. § 2A:14-1|
|Libel||One (1)||N.J. Stat. § 2A:14-3|
|Medical malpractice||Two (2)||N.J. Stat. § 2A:14-2(a), (b)|
|Personal injury||Two (2)||N.J. Stat. § 2A:14-2(a)|
|Product liability||Two (2)||N.J. Stat. § 2A:14-2(a)|
|Property damage||Six (6)||N.J. Stat. § 2A:14-1|
|Slander||One (1)||N.J. Stat. § 2A:14-3|
|Trespass||Six (6)||N.J. Stat. § 2A:14-1|
|Wrongful death||Two (2)||N.J. Stat. § 2A:31-3|
Remember: time is not on your side. Don’t let the complexities of New Jersey’s legal system deter you from pursuing the recovery you deserve.
The attorneys at DeMichele & DeMichele will thoroughly evaluate your potential claim, develop a comprehensive plan, conduct the necessary discovery, interface with expert witnesses on your behalf, explain the litigation process to you in detail including the applicable regulations, and vigorously labor to compile the physical and/or medical evidence necessary to establish a successful personal injury case.
Don’t rest on your rights.
We’re here to help.