A statute of limitation is a time frame set up within the law that requires a lawsuit to be brought within a certain period of time. Failure to bring a lawsuit or claim within the statute of limitations could bar that claim forever and prevent somebody who has been injured from making any type of recovery.
The statute of limitations in Camden County is two years from the date a person knew or should have known of their injury. When that begins is a sensitive analysis and requires someone with experience to understand the issues surrounding when to calculate the beginning of the statute of limitations. A case does not have to be resolved within the statute of limitations in the sense of coming to a resolution or a settlement, but a case must be filed formally under the court systems within the statute of limitations in New Jersey. In order to best understand the complexities of Camden County’s statute of limitations, a personal injury attorney should be contacted as soon as possible.
Calculating the Statute of Limitations
The calculation of the statute of limitations is a significant issue that needs to be done carefully by an experienced attorney. Every case is unique, so the statute of limitations in Camden County is unique to every case. Typically under New Jersey law, it is triggered when somebody has been in an accident or has been injured and they knew that somebody is responsible for that injury. The statute of limitations can change depending on contractual limitations. Generally, the statute of limitations is two years in New Jersey, but varies case to case as to the start date.
Because of this, it is important to have an attorney in Camden County who can streamline the claims and statute process. There are also exceptions under New Jersey law for statute of limitations for minors. Most people do not realize that minors have from two years of their 18th birthday to pursue a claim. Even though a child may have been injured when they were 10 or 11 years old, the statute of limitations for a personal injury matter would not begin to run until they were 18. In theory, they could bring a claim until their 20th birthday for an injury that happened when they were 10 or 11 years old.
Discovery of Harm
The discovery of harm rule is used to determine when the statute of limitations begins to run for somebody. Sometimes people are not aware that they reached that particular moment because there is a delayed effect or people are not aware of the exact identity of the person responsible. Someone may be hurt, but they did not know, despite due diligence, that it was the cause of somebody else, so the discovery rule is meant to be an equitable rule to protect people for times when there may be a reason to delay the beginning of the statute of limitations.
Sometimes it is obvious when the statute begins to run. For example, if someone had been in a car accident and was rear-ended by another vehicle, they would know at that moment that they were injured and it was caused by someone else.
There are other cases involving medical malpractice where someone does not know the identity or the specific negligence committed against them and the discovery rule may extend the time that they can file a claim or a lawsuit.
Dealing with Claim Adjusters
Generally, people need to understand that claims adjusters are trained and experienced to protect the insurance company. They must also remember that even though they may be dealing with an injured person the insurance adjuster’s loyalty is to their company. People need to be careful when they deal with adjusters regarding their claim, which is why it is important that people not deal with insurance adjusters or sign documents without the assistance of an attorney.
Insurance companies are in the business of making money, and they are trained to protect the company’s interest. They do that by taking statements of injured parties that could be used against that person later or by obtaining other information from that person that could be used in an attempt to minimize the claim. Injured people need to be careful in dealing with claims adjusters so they do not damage their case.
Importance of an Injury Lawyer
A person who has been involved in an accident should contact a personal injury lawyer right away because of the complex issues that will arise determining the statute of limitations in Camden County with even some of the less major injuries or accidents. When somebody is injured, there ends up being a collision between the legal, medical, and insurance worlds. Since most people are not familiar with these, a lawyer can help. When someone has been in an accident, they have certain legal rights and responsibilities and a lawyer can help them understand those rights and protect them.