Statutes of Limitations
Jan. 11, 2022
Law Offices of Mitchell R. Friedman PC has the main office on the State of New Jersey. However, we also have a satellite office in the State of New York. Our firm has extensive litigation experience representing clients in both New Jersey and New York. We have generated millions of dollars in recoveries and are pleased to represent clients in both these states.
Sometimes cases have contacts with both NJ and NY and it is unclear where to file suit or which attorney to pick. If you retain our firm, you can rest assured we will be able to handle your case which crosses both New York and New Jersey state lines.
Accordingly, we are providing vital information on Statutes of Limitations for personal injury, property damage, and insurance claims which are handled by our office. The statute of limitations is the time period in which you have to commence suit for a claim.
In New Jersey, there is a two-year statute of limitation for commencing a personal injury negligence accident suit under NJ 2A-14 2(a). In New York, there is a three-year statute for both commencing a personal injury lawsuit and a property damage law negligence suit. However, in New Jersey, the statute of limitations for a property damage negligence suit is six years.
Please keep in mind that there as important exceptions to the above statute of limitations.
Exception 1 - Minors. In both New York and New Jersey, statutes of limitations don't begin to run until the minor becomes a legal adult at age 18. Thus, the above time periods to file suit (depending on the type of case) don't expire until two, three or six years until the individual becomes age 18.
Exception 2 - Cases against Local, Municipal, City, and/or state governments or authorities. In New Jersey (Tort Claims Act) and New York (General Municipal law), a Notice of claim must be filed within 90 days of the occurrence, or else suit otherwise timely on the foregoing statute of Limitations would be barred. In addition, in New York under General Municipal law, suit must be filed within one year and ninety days of the accident or occurrence. Please keep in mind that in cases against the Port Authority of New York of New Jersey, the Statute of limitations for filing suit is even shorter at only one year but a Notice of Claim need only be filed at least 60 days prior to suit.
Law Offices of Mitchell R. Friedman also handles your claim against an insurance company. These are commonly known as first-party claims because they fall under your policy of insurance. They typically are akin to a breach of contract for failure to pay policy benefits. In both New Jersey and New York, there is a six-year breach of contract statute of limitations but this can be limited by an individual contract.
Insurance companies typically limit suit against them to be commenced within two or even one year and there may be other condition precedents to suit. These limitations are typically buried within the policy of insurance. Thus, it is imperative to retain our firm early in the claim process to preserve your rights and obtain your rightful recovery