A statute of limitations is the maximum length of time after a specific event has occurred in which you can take legal action in relation to that same event or incident. Once the statute of limitations has passed you are then forever barred from receiving any kind of justice, compensation or other legal dividend in relation to your case, be it a personal injury claim, libel, or any other civil or criminal event which has a statute of limitation attached to it.
So even if you\’re just one single day late – 24 very short hours – when bringing forward a legal action this limitation can means that you claim or case is ignored. What\’s worse is that in many cases once the statute of limitations has passed on a given crime it also means that the person responsible for the crime cannot be prosecuted then, or at any time in the future.
What\’s very important to remember is that the statute of limitations varies from one state to the next, and that they are also subject to change with very little warning. This is why it\’s so very important to seek professional legal advice when considering whether or not a specific statute of limitation applies to your case or not, especially considering that there can be some very rare exceptions to these limitations, which is something we\’ll discuss later in this article.
Here\’s a breakdown on the statute of limitations for the most common cases appearing before judges in the Garden State:
- Civil Cases
- Personal Injury – 2 years
- Product Liability – 2 years
- Property Damage – 6 years
- Wrongful Death – 2 years
- Assault and Battery -2 years
- False Imprisonment – 2 years
- Fraud – 6 years
- Libel – 1 year
- Medical Malpractice – 2 years
The statute of limitations in the state of New Jersey aren\’t necessarily \”different\” in any way to those imposed in other states – it\’s the nature of these limitations to change quite frequently.
The Discovery Rule
There are some occasions when a person might not be able to determine the cause of their injury, or they might not even know that they\’ve been injured, until after the statute of limitations on their particular case has passed. In cases like this something called the \”Discovery Rule\” comes into play. This allows a claim or case to be brought forward within a specified amount of time after the statute of limitation has expired, although you will need to seek legal advice on cases where the discovery rule is applicable.
A typical example of the discovery rule is when a person has been unknowingly working with harmful chemicals for several years, and then develops an illness based on that same exposure – this is where the statute of limitations could be overruled by a judge presiding over this case.
Contractual Agreement
It is legally possible to shorten the statute of limitations by signing a contract to that effect. Certain types of employment, or employers, might require that you sign a contract shortening, or even waiving, the statute of limitations in relation to any case you might bring against them while, or after, you were employed by them. If you\’re ever asked to sign a contract which might shorten your legal limitations and/or rights then you most certainly should seek legal counsel before signing it.