First, let me define “Statute of limitations”. A statute is a law. The Statute of Limitations is the law that establishes the maximum time period for filing a lawsuit after an event. The State of New Jersey has established a two (2) year period in which a lawsuit must be commenced after the accident.
After a New Jersey motorcycle accident, or any personal injury accident, the injured party may not immediately realize the extent of their injuries. This is why a Statute of Limitations is set.
Do not hesitate too long on contacting a qualified motorcycle lawyer. Your rights are protected for only two years from the date of your accident if you wish to file a lawsuit, if you are an adult. Minors must file within 2 years of turning eighteen years old.
However, this period is much shorter for making claims against public entities in New Jersey. Examples of Public Entities include County, State and Municipal Entities, or Affiliated Institutions.
Adults must make notice of claims against those entities within 90 days of the accident to retain their rights to file lawsuits. Injuries to minors, no later than 90 days of the person’s 18th birthday.
I encourage you to always seek professional medical attention after a motorcycle accident. It is the first step in protecting your rights to make a claim following your motorcycle accident.
The next step is to contact a New Jersey motorcycle accident attorney.
I can be reached 24/7 at 888-292-5352 (888-cycle-law). It is an easy and informative conversation that you will be glad you made.
Product Liability laws also can play a part in a motorcycle accident
A motorcycle accident injury usually falls under personal injury law, however, in some cases a faulty product may have been the cause of your accident. In New Jersey, product liability actions must be commenced within two years of the act or omission giving rise to the injury, or within two years of the date of discovery.
Statute of Limitations are Just One Time Factor
I would caution you not to delay in hiring a motorcycle accident attorney to “wait and see how I feel in six months”.
Evidence tends to disappear, memories become fuzzy, and witnesses become harder to find. In order to have the best chance to prove negligence we will want a “hot trail”. Even if feel you are not up to filing a claim immediately, take lots of photos of your injuries, and if possible the accident scene.
Speaking of the accident scene, when you are at the scene a call to a motorcycle accident lawyer can be very valuable. If you are able, there is no need to delay calling. I can be the calm voice of reason that reminds you what to do, what to look for, what to take photos of, and most important, what to say or not say.
The Other End of the Injury Spectrum
Most of my clients want to pursue action as soon as possible. As your motorcycle accident attorney, I recognize that you may be strapped for cash, having potentially been laid up and unable to work, with medical bills piling up. I will not drag your claim on and on, nor will I advise you to settle quickly if it is not in your best interests.
I don’t get paid until you do, so I aggressively pursue your motorcycle accident claim with every tactic I have in order to obtain fair compensation in a timely manner.
Statute of Limitations FAQS
How long do motorcycle accident claims take to resolve?
Some New Jersey motorcycle accident claims can be completed in just a few months – other claims may take years for a settlement or judgement. A good motorcycle accident lawyer, will be able to resolve your claim without filing a motorcycle accident lawsuit. If we can reach a motorcycle accident settlement, it will take much less time than a trial, and it may be easier for you to move on.
Does the settlement time depend on my injuries?
Among other factors, yes, your injuries can play into the time it takes to establish fair compensation. It is important to allow serious injuries to stabilize before beginning motorcycle injury settlement negotiations.
We try to avoid settling before important aspects of a serious injury may surface; such as the need for future medical treatment, scarring that requires surgery, or any rehab setbacks that may be foreseen.
When your medical professional issues their final report with the diagnoses of the extent of your injuries, and their opinion on prognosis, the evaluation of a settlement demand can begin.
Once the insurance company has our demand, it may take 3-6 weeks for the insurance company to review it before negotiations begin. In more complicated cases, the timetable may be longer.
Is there any way to hasten a settlement?
Many riders don’t think about this, but the act of hiring an experienced New Jersey motorcycle accident attorney alone can provide incentive for the insurance company to offer a settlement!
When confronted with a good attorney the risk of a more expensive trial and a larger award of damages via a jury verdict can be more than an insurance company wants to deal with.
New Jersey motorcycle accident attorney Lee D. Gaber is that experienced attorney they respect. Call the Cycle Attorney Today! 888-292-5352 (888-cycle-law).