How to File a Personal Injury Claim in New Jersey?

Suffering a personal injury can be an overwhelming and life-altering experience. Whether it’s a car accident, a slip and fall, or medical malpractice, victims often find themselves facing physical pain, emotional distress, and financial burdens. If you’ve been injured in New Jersey due to someone else’s negligence, you may be entitled to compensation. However, navigating the legal process can be complex, especially if you’re unfamiliar with New Jersey’s personal injury laws.

Understanding the legal steps involved in filing a personal injury claim is crucial to ensuring you receive fair compensation. This guide will walk you through the process, explain the laws that apply to your case, and help you determine when to seek legal representation.

Understanding New Jersey’s Personal Injury Laws

Statute of Limitations

One of the most important aspects of filing a personal injury claim in New Jersey is understanding the statute of limitations. Under New Jersey Statutes Annotated (N.J.S.A.) 2A:14-2, you have two years from the date of your injury to file a lawsuit. If you fail to file within this period, you may lose your right to pursue compensation.

There are exceptions to this rule:

• If the victim is a minor, the two-year countdown typically begins on their 18th birthday.
• In cases involving medical malpractice, the statute of limitations may start when the injury is discovered (the “discovery rule”).
• If you are filing a claim against a government entity, you must submit a Notice of Tort Claim within 90 days of the incident (New Jersey Tort Claims Act).

Comparative Negligence in New Jersey

New Jersey follows a modified comparative negligence rule (N.J.S.A. 2A:15-5.1). This means that:

• You can still recover damages if you are less than 50% at fault for the accident.
• However, your compensation will be reduced by your percentage of fault. For example, if you were awarded $100,000 but were found 20% at fault, your compensation would be reduced to $80,000.
• If you are more than 50% at fault, you cannot recover damages.

These laws are essential to understand, as insurance companies may try to shift blame onto you to minimize their payout.

Steps to Filing a Personal Injury Claim in NJ

1. Seek Immediate Medical Attention

Your health should be the top priority. Even if your injuries seem minor, it’s crucial to seek medical attention immediately. Some injuries, like whiplash or internal trauma, may not be apparent right away. Additionally, medical records serve as critical evidence in your claim, linking your injuries to the accident.

2. Report the Incident and Document the Scene

Depending on the nature of your injury, you should report the incident to the appropriate authorities:

• Car accidents: Call the police and request a report.
• Slip and falls: Report the incident to the property owner or manager.
• Workplace injuries: Notify your employer immediately.

Collect as much evidence as possible, including:

• Photos of the accident scene, injuries, and any hazards.
• Witness contact information.
• Copies of reports filed with authorities.

3. Notify the Relevant Insurance Companies

If the injury involves a car accident, you must notify your insurance company. New Jersey is a no-fault state, meaning your Personal Injury Protection (PIP) coverage will initially pay for your medical expenses, regardless of who was at fault.

However, if your injuries exceed your PIP coverage or involve serious damages, you may file a claim against the at-fault driver’s insurance company. Be cautious when speaking with insurers—avoid making statements that could be used against you.

4. Consult a Qualified Personal Injury Attorney

While you can file a claim on your own, an experienced attorney can help maximize your compensation. A lawyer will:

• Investigate the case and gather crucial evidence.
• Handle negotiations with insurance companies.
• Represent you in court if necessary.

Most personal injury attorneys in New Jersey work on a contingency fee basis, meaning they only get paid if you win your case.

5. File Your Claim

Your attorney will submit a demand letter to the at-fault party’s insurance company outlining:

• The details of the accident.
• The injuries sustained.
• The compensation you’re seeking.

The insurance company may accept the claim, reject it, or offer a lower settlement, leading to negotiations.

6. Negotiate a Settlement or Proceed to Litigation

If negotiations fail, your lawyer may file a formal lawsuit. This process involves:

• Discovery phase: Both sides exchange evidence.
• Mediation or arbitration: Attempts to resolve the case before trial.
• Trial: If no settlement is reached, the case goes before a judge or jury.

Settlement vs. Filing a Lawsuit

Settling a personal injury claim outside of court is often faster and less expensive. However, settlements may not always offer full compensation for your damages. A lawsuit can result in higher compensation, but the process is longer and involves uncertainties.

Key considerations when choosing between settlement and litigation:

• Time: Settlements can take weeks or months, while lawsuits may take years.
• Cost: Court proceedings involve legal fees, expert testimony costs, and court costs.
• Risk: Trials are unpredictable; a judge or jury may award less than expected.

What Compensation Can You Recover in NJ?

If successful, a personal injury claim may recover damages for:

• Medical expenses (past, present, and future treatments)
• Lost wages and loss of earning capacity
• Pain and suffering
• Property damage (e.g., car repairs)
• Punitive damages (in cases of extreme negligence, such as drunk driving)

New Jersey caps punitive damages at five times the compensatory damages or $350,000, whichever is greater (N.J.S.A. 2A:15-5.14).

Special Considerations for Different Types of Personal Injury Cases in NJ

• Medical Malpractice: Victims must file a Notice of Intent and obtain an Affidavit of Merit from a medical expert within 60 days of the defendant’s response to the lawsuit (New Jersey Medical Malpractice Laws).
• Product Liability: If harmed by a defective product, preserve the product as evidence and consult an attorney.
• Claims Against Government Entities: A Notice of Claim must be filed within 90 days of the injury.

When to Hire a Personal Injury Lawyer in New Jersey

While minor cases may be resolved without legal representation, hiring a lawyer is highly recommended if:

• Your injuries are severe or permanent.
• The insurance company disputes liability or refuses to pay a fair amount.
• You’re unsure about the legal process or need assistance navigating complex laws.

An experienced personal injury attorney can help protect your rights, handle negotiations, and, if necessary, take your case to trial to secure the best possible outcome.

Filing a personal injury claim in New Jersey can be a challenging process, but with the right knowledge and legal support, you can fight for the compensation you deserve. If you’ve been injured, don’t wait—understanding your rights and taking immediate action is crucial to building a strong case.

Contact Rosengard Law Group today at (856) 284-6446 or fill out the form at the website to book a free consultation. We don’t charge any fees unless we win your case.