Legal Question in Personal Injury in New Jersey

Can you file a personal injury complaint on the date of the accident two years later or does it have to be filed two years, but a day before the actual date of accident. For example if the accident is 7/15/07 can it be filed 7/15/09 or does it have to be filed by 7/14/09?


Asked on 8/18/09, 1:50 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Two years is two years, not one year and one day short of two years. When you calculate the time you should begin with the day after the even because otherwise you would not be getting all full days. The next day is day one. Also if the last day of the two year period falls on a weekend or a holiday, when the courts are closed, the next court business day is fine.

I have not had to try to employ an old court practice. The theory is that the court was closed after 4:30 P.M. on the last day of the time period and that if it had been opened until midnight

you could have filed at night. Therefore, the court used to back date a filing on the day after the two year period if the situation was brought to its intention when the complaint were filed. There used to be a specific person who would do the backdating to the previous day. You should also be aware that there are events which toll the running of a statute of limitations, such as the nonage of the plaintiff. A minor has until his twentieth birthday to file a personal injury complaint with the court. If the defendant leaves the state during the two year period the statute does not run while the defendant lives out of state. There are other exceptions.

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Answered on 8/23/09, 2:08 pm
Robert Davies The Davies Law Firm, P.A.

Two years. Not one day short of two years.

Please give me a call. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further.

I am in Hackensack, Bergen County, New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 8/24/09, 8:07 am


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