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How To Defend Against A Car Accident Injury Lawsuit

Car accidents can be life-altering events, and when legal issues arise from them, it adds another layer of complexity. If you find yourself facing a car accident injury lawsuit in New Jersey, it’s crucial to understand the defenses available to you. 

From the statute of limitations to liability defenses, this guide breaks down the key elements to help you process the legal terrain with confidence.

How To Defend Against A Car Accident Injury Lawsuit

The Statute of Limitations about Car Accident Defenses in NJ

The statute of limitations in New Jersey plays a critical role in car accident defenses, establishing a timeframe within which legal actions must be initiated.

Typically, for personal injury claims arising from car accidents, the statute of limitations is set at two years from the date of the incident. 

To mount an effective defense against such claims, one strategy is to argue that the time limit has expired, asserting that the lawsuit should not proceed due to the statute of limitations.

Supporting this argument requires meticulous gathering of evidence to demonstrate convincingly that the specified time has indeed lapsed, bolstering the case for the dismissal of the lawsuit based on this legal limitation.

See also: NJ Car Accident Case Statute Of Limitations

Car Accident Liability or “Fault” Defenses

Understanding liability is crucial in defending against a lawsuit. New Jersey follows a “comparative negligence” system:

Comparative Negligence

In New Jersey, the legal system employs a modified comparative negligence approach. When both parties share fault in a car accident, damages are allocated based on the percentage of fault assigned to each party.

This means that even if the plaintiff is partially responsible, they can still seek compensation, but the amount awarded will be reduced according to their degree of fault.

To defend against a claim involving comparative negligence, it is crucial to establish and prove that the plaintiff’s actions significantly contributed to the occurrence of the accident. 

Contributory Negligence

Unlike some states, New Jersey does not entirely bar recovery if the plaintiff bears partial fault for the accident. Instead, damages are proportionally reduced in alignment with the plaintiff’s degree of negligence.

This means that even if the plaintiff shares some responsibility, they can still seek compensation, albeit in a diminished amount.

When faced with a contributory negligence claim, the defense should strategically emphasize the plaintiff’s role in the accident. 

Modified Comparative Negligence

In this system, the plaintiff is unable to recover damages if their fault surpasses a specified percentage, often set at 50%. If the plaintiff’s level of fault exceeds this threshold, they are barred from seeking compensation for the damages sustained in the accident.

To mount an effective defense against a modified comparative negligence claim, it is crucial to demonstrate and prove the plaintiff’s significant contribution to the accident. 

Procedural Defenses

Procedural defenses focus on challenging the validity of the lawsuit based on legal procedures and rules. This can involve various aspects, such as improper service of process or failure to adhere to court rules and regulations.

In defending against procedural issues, consulting with a skilled attorney is paramount.

Filing motions to dismiss based on procedural deficiencies is a common strategy employed by the defense to contest the legitimacy of the lawsuit.

What to do if someone sues for a car accident in New Jersey

If you find yourself facing a lawsuit for a car accident in New Jersey, prompt and informed action is crucial. Begin by responding promptly to any legal notices you receive, ensuring that you meet the required deadlines. 

To process the complexities of the legal process, it’s advisable to consult with an attorney who can provide a clear understanding of your rights and available options.

Take proactive steps by gathering all relevant documents and evidence related to the accident, as this will play a pivotal role in building a strong defense. 

See also: How Much Can Someone Sue for a Car Accident?

How to Beat a Personal Injury Lawsuit

  1. Building a strong defense is crucial to overcoming a personal injury lawsuit.
  2. Working with an experienced attorney can significantly enhance your chances.
  3. Collect and preserve evidence from the accident scene.
  4. Obtain witness statements and expert opinions.
  5. Present a compelling case that challenges the plaintiff’s claims.

Cost of Personal Injury Defense Lawyers in New Jersey

Legal representation is a crucial investment in defending against a lawsuit and costs may vary based on the complexity of the case and the attorney’s experience.

To obtain detailed quotes from potential attorneys, discuss fee structures, including hourly rates and potential additional costs.

See also: How Much Does A Personal Injury Lawyer Cost?

Getting Help After a Car Accident: Lawyers In New Jersey

When seeking assistance after a car accident in New Jersey, securing the expertise of a reputable law firm becomes paramount. In this regard, the Rosengard Law Group stands out as a trusted ally, offering invaluable legal guidance tailored to process the complexities of your case. 

Their experience and commitment to client advocacy make them a reliable choice for individuals facing the complexities of a car accident lawsuit, ensuring that you have a dedicated and knowledgeable legal partner by your side.


What happens if someone sues you for more than your insurance covers in New Jersey?

Your insurance company will cover up to the policy limit; you may be personally responsible for any excess amount.

What happens if I injure someone in a car accident?

Notify your insurance company immediately and seek legal counsel to process potential liability.


Facing a car accident injury lawsuit in New Jersey can be overwhelming, but a strategic defense is your key to a favorable outcome. Understanding the defenses available and seeking professional legal assistance can make a significant difference. 

Remember, timely action and a well-prepared defense are your strongest allies in processing the complexities of a car accident lawsuit.

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