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Law Offices of Deitch & Perone, P.C.
265 HIGHWAY 36
SUITE 203
WEST LONG BRANCH, NEW JERSEY 07764
(732) 544-1212
info@deitchperone.com
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Monmouth County Personal Injury Lawyers
Personal injury is an area of law designed to protect those harmed by the negligence, recklessness, malpractice, or inaction of others. Also called tort law, personal injury law encompasses a full range of legal claims, from wrongful death, auto accidents, and medical malpractice to defective drugs, product liability, and workers' compensation. Each victim can file a personal injury claim for physical injury, emotional injury, and, occasionally, for property damages. In some cases - such as those involving medical malpractice or wrongful death - the family of the injured or deceased can file suit on behalf of its loved one.
Those who file personal injury claims may be eligible to receive damages, namely financial compensation for their loss of income, pain and suffering, emotional distress, permanent disability, and other resulting injuries.
Statutes of Limitations
If you have been a victim of personal injury, you have a limited amount of time in which to file a claim. This time period, called a statute of limitations, varies from personal injury claim to claim and from state to state. All jurisdictions allow victims at least one year from the date of injury or the date the personal injury was discovered to file a lawsuit - and in most states, statutes of limitations range from one to three years. IN NEW JERSEY, MOST PERSONAL INJURY MATTERS SUCH AS AUTOMOBILE AND PREMISES ACCIDENTS HAVE A TWO (2) YEAR STATUTE OF LIMITATIONS. If you fail to file your personal injury claim or lawsuit before its statute of limitations expires, the defendant in your case can have it permanently dismissed for being untimely - and that means you will have forfeited your opportunity to receive financial compensation for your injury.
Generally, statutes of limitations are activated the day of injury. For example, if you were injured yesterday in an auto accident, the restrictive time period in which you must file your personal injury lawsuit began yesterday, as well. However, many personal injury victims are not aware until well after they are harmed that someone else may be to blame for their injuries. In such cases, statutes of limitations become active when the injury is discovered. For example, if a surgeon leaves a medical instrument inside a patient's body and that patient seeks treatment a month later for severe pain, the statute of limitations begins the day the mistake is discovered.
There may be other Statute of Limitations that occur in your case which may need to be filed sooner than the two year statute. You should consult the New Jersey personal injury lawyers at Deitch & Perone in Monmouth county as soon as you believe you are the victim of an accident to ensure that your rights will be protected.
In claims against governmental entities, a claimant must file a notice of claim within 90 days of the occurrence.
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