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New Jersey & PennsylvaniaPersonal Injury Statute of Limitations

If you have been injured by negligence or malpractice, be sure to pay attention to the lawsuit time limit or statute of limitations.

If you have been harmed as a result of the negligence or misconduct of another, you have only a certain amount of time to exercise your rights to file a lawsuit and seek compensation. This time limit for filing a personal injury or medical malpractice lawsuit is known as the statute of limitations. If you do not act within the allowed window of time, you may lose your right to seek restitution for the harm that you have suffered.

The attorneys of The Colleran Firm understand how a serious injury can alter your life and future. We have the experience and resources to fight for full compensation if you or your loved one has been harmed due to another’s negligence or wrongful actions. Whether you suffered harm as a result of a car accident, slip and fall accident, or a preventable medical error, we may be able to assist. Contact a knowledgeable personal injury lawyer at The Colleran Firm to review your legal options.

The Colleran Firm, injury attorneys in PA explain when to file a claim for personal injuryOur attorneys are proven trial lawyers. Led by founding attorney James E. Colleran, Sr., who has more than 40 years of personal injury experience, our legal team has helped many clients secure compensation for personal injuries in Pennsylvania and New Jersey. We have obtained many multimillion dollar verdicts and settlements for injury victims. Review our record of verdicts and settlements and allow us to understand the specific details of your accident and address your questions free of charge. We will offer an honest assessment of your legal options so that you can make a well-founded decision about how to proceed.

Pennsylvania Statute of Limitations

The Commonwealth of Pennsylvania allows two years from the date of an injury to file a civil lawsuit. That means a person who is injured or who loses a loved one as a result of negligence, a wrongful act or unlawful violence by others has two years to exercise their legal right to claim damages for the harm caused. If you do not make a claim within the allowed statute of limitations, the court may refuse to hear your case.

That makes it important that you contact a knowledgeable Pennsylvania attorney as soon as possible to discuss your legal options. Investigating and preparing a personal injury lawsuit or wrongful death lawsuit takes time. Once we accept your case, our attorneys will move quickly to start investigating and gathering evidence The statute of limitations may bar you from pursuing the compensation you need if you wait too long to reach out to an attorney.

Exceptions to Statute of Limitations in PA

Some injuries are not immediately known. An individual may only become aware of having been harmed months or years after an injury or harmful exposure occurred. Pennsylvania law provides an exception to the two-year statute of limitations for discovered injuries. In these limited cases, the two-year period starts from the date the person discovered the injury or reasonably should have known about it.

For example, asbestos-related disease may not develop for years after exposure. For people who are harmed by exposure to asbestos, the statute of limitations is two years from the date on which the person is informed by a doctor of the diagnosis of asbestos-related disease or two years from the date when the person should have known of the injury from asbestos exposure.

The other exception to the two-year limit applies to children. Pennsylvania law allows young people who are injured as minors two years from their 18th birthday to file a personal injury lawsuit.

New Jersey Statute of Limitations

The statute of limitations for filing a personal injury claim in New Jersey is two years from the date of the injury.

In injuries involving medical negligence, New Jersey allows injury victims two years from the date the medical injury was discovered to file a medical malpractice lawsuit.

Exceptions to Statute of Limitations in NJ

New Jersey law makes some exceptions to the statute of limitations for injury claims involving discovered injuries, minors who have been harmed and for individuals who are incapacitated.

When injuries are not apparent, the New Jersey statute of limitations starts when an injured person discovers their injury and realizes it was caused by negligence. For example, if a doctor inadvertently leaves a surgical tool in a patient, the patient may not experience symptoms immediately or realize that he or she has been a victim of a medical error. That means the statute of limitations varies in cases of discovered injuries based on the specific facts of the case.

A minor who is injured in New Jersey has two years from the date of his or her 18th birthday to file a personal injury lawsuit. A parent may file a lawsuit on behalf of the minor before the minor reaches adulthood.

What is Considered Negligence

When an individual fails to use the proper level of care expected in the situation and as a result causes a preventable injury, that individual may have acted negligently and be legally liable for the harm caused.

For example, a driver has a legal duty to other motorists to drive safely as a reasonably prudent driver would do so as not to jeopardize the safety of other motorists and pedestrians. If a driver disregards traffic laws, runs a red light and causes a serious accident, the driver may have been negligent in fulfilling his or her duty to drive safely. Under Pennsylvania law, an injury victim who contributed to an accident may seek compensation as long as he or she was less responsible for accident than the other party.

The quickest way to know whether you have a valid injury case is to take advantage of a free consultation with a knowledgeable personal injury lawyer. An accident lawyer at The Colleran Firm can review the circumstances of your injury and explain to you whether another’s negligence may have caused your injury.

How and When to File a Claim for Medical Malpractice

Many patients who have been harmed are uncertain whether a health care provider made a preventable error that caused their injury. Neither the doctor nor hospital is likely to tell you that they made a mistake. You will need the assistance of an experienced medical malpractice attorney to determine what really happened and the steps to file file a lawsuit.

The medical malpractice attorneys at The Colleran Firm will review your medical records. If in our view you have a potential medical malpractice claim, we will have a licensed medical professional review your medical records and issue an opinion about whether your doctor failed to deliver the recognized standard of care and caused your injury as a result. Because of the statute of limitations on filing injury claims, it is important to consult with an experienced attorney as soon as possible. Learn more about what constitutes medical negligence.

The attorneys at The Colleran Firm handle serious injury cases caused by health care provider negligence and medical malpractice in Pennsylvania & New Jersey.

Connect With Us:

The Colleran Firm

2005 Market Street # 1940
Philadelphia, PA 19103
Phone: (215) 972-8000
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