Are there any time limitations on filing a spinal injury lawsuit?

Yes, there are time limits for filing a spinal injury lawsuit in New Jersey. Generally, injured patients must file a lawsuit within two years of the injury or within two years of the time that the patient knew or should have known that the injury was related to the defendant’s negligent or intentional act. This time frame for filing a lawsuit is known as the Statute of Limitations. In certain cases, such as when the injury was caused by medical malpractice, the Statute of Limitations may be extended under the Discovery Rule. This rule could allow an individual additional time to file a lawsuit if the injury was not immediately apparent. For example, if a medical complication related to a spinal injury arises later, the Statute of Limitations may be extended beyond the two-year period. In addition, New Jersey also has a Statute of Repose for medical malpractice cases, which indicates that a lawsuit must be filed within seven years of when the medical negligence occurred. However, the Statute of Repose does not apply if an injured patient did not know or should not have known that they were injured due to medical malpractice. Individuals pursuing a spinal injury lawsuit in New Jersey should speak to a lawyer to understand the applicable time limitations on filing a lawsuit. Knowing the applicable Statute of Limitations is essential for ensuring that an injured patient’s legal rights are properly protected.

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