Why your Personal Injury Claims Require Immediate Attention from an Attorney?

Samuel J. Myles, Esq.

In New Jersey, most personal injury actions (auto accidents, slip and falls, dog bites, medical malpractice, assaults, civil rights matters, and other claims) have a two year statute of limitations. This means you usually have two years from the date of the incident to file suit. However, there are often very important reasons that your personal injury claim will require the immediate attention of an attorney.

First, in many personal injury actions, the cause of the injury (for example an accident scene or a defective condition that was a tripping hazard) is evidence. As soon as the incident takes place, various things can happen that can change the evidence. It is the job of the attorney to take all reasonable steps to preserve the evidence so it can be accurately depicted and used later to pursue the client’s claim for damages. This may involve obtaining an investigator, securing photographs or video, or sending notice to potential defendants requiring them to preserve evidence.

Second, if a public entity (i.e. a municipality, county, the State, or any other government entity) is potentially liable for your injuries, your attorney may need to notify those entities within 90 days from the date of the incident, with very particular information about your claim. This allows the government entity to investigate what happened. The failure to adhere to this procedural requirement could result in you being unable to pursue any claim for damages at all.

Finally, with almost all personal injury claims, it is important for your attorney to gain an understanding of your case early in the process. Often, if an attorney can assemble and prepare your case well in advance of the statute of limitations date, it allows time for direct negotiation with the defendants and/or their insurance companies – thus permitting a good chance that your case could settle without the need of proceeding through a lengthy court process.

If you were injured and you believe another party may be responsible, you should call an attorney immediately in order to have your claim reviewed.

At Holston, MacDonald, Uzdavinis & Myles, we handle all types of personal injury claims – including: auto accidents, motorcycle accidents, slip and falls, medical malpractice, wrongful death, brain injury, dog bites, assaults, civil rights violations, product liability, and many other types of matters.