Personal Injury law in New Jersey allows individuals harmed by another’s negligence to seek compensation for medical bills, lost wages, pain and suffering, and other damages. While individual cases vary, the following is a compiled list of FAQ based on key aspects of NJ law and common client concerns.
What is considered a personal injury in New Jersey?
A personal injury refers to physical, emotional, or psychological harm caused by another’s negligence or wrongdoing. Common examples include car accidents, slip-and-falls, on unsafe property, medical malpractice, dog bites, workplace accidents and product liability. Generally, New Jersey requires three elements for a viable claim: the defendant owed a duty of care, breached it, and caused your harm.
What is the statute of limitations for filing a personal injury claim in New Jersey?
The statute of limitations is the deadline to file a lawsuit. You generally have 2 years from the date of the injury, per NJ Re. Stat. § 2A:14-2. This applies for most cases like auto accidents and premise liabilities. Exceptions include minors (up to age 20 for non-birth injuries, or age 13 for birth-related malpractice) and the “discovery rule” for delayed awareness of harm in a limit number of matters such as medical malpractice and exposure cases. Missing this deadline bars your claim forever.
Do I need a lawyer for a personal injury case?
While not always required, hiring an experienced NJ personal injury attorney is highly recommended. They handle evidence collection, negotiations with insurance companies, and court filings to maximize your compensation. Most work on contingency fee basis (no upfront costs; paid only if you win). Insurance adjusters often pressure victims into low settlements, and a lawyer protects against this.
How do I start a personal injury claim in New Jersey?
Seek medical care immediately, document all injuries, even minor ones. Gather evidence: Photos, witness statements, police reports and medical records. Notify insurance: File claims promptly, but avoid giving statements, especially without a lawyer. Providing a recorded statement to a defendant’s insurance company early on is against my policy. These statements provide no benefit to your claim. Consult an attorney: They evaluate your case and protect your interest and rights.
What types of compensation can I recover?
NJ allows recovery for:
Economic damages: Medical expenses, lost wages, property damage, and future care costs. Non-economic damages: Pain and suffering, emotional distress, and lost of life enjoyment. Punitive damages (rare): Extra awards for egregious recklessness, to punish the defendant.
How do my medical bills get paid for my car accident if I wasn’t at fault?
NJ is a no-fault state for auto accidents, meaning your own insurance’s Personal Injury Protection (PIP) covers medical bills up to the PIP policy limits regardless of fault.
Can I still recover if the accident was partially my fault?
Yes. Under “comparative negligence,” if you’re partially at fault (e.g., 20%), your award reduces by that percentage—but you’re barred only if over 50% at fault. So if you are awarded $100,000, but found 20% at fault—your award would be $80,000. 50% at fault you would get $50,000. 51% at fault—no cause, you lose and get nothing.
What if the at-fault party has no insurance or insufficient coverage?
If the driver has no insurance or if you are injured by an unknown or “phantom vehicle” you can pursue a claim under your Uninsured/Underinsured motorist (UM/UIM) coverage against your own auto insurance policy. If the driver has insufficient insurance and your UM/UIM exceeds the driver’s bodily injury coverage, you may also pursue a claim against your UM/UIM coverage after pursing a claim against the at fault driver and giving your insurance an opportunity to also proceed against the at fault driver or getting a credit for the money already received.
How long does a personal injury case take to resolve?
Whether it’s pre-suit or after filing a lawsuit, the majority of cases settle. Factors include the type of case, severity of the injury, insurance policies and evidence. The more severe the injuries are—the longer the case will take. Liability in car accident cases is usually not as complex which allows for a more straightforward discovery process and quicker resolutions. While every case is different, expect your case to take 1-2 years or more. Early attorney involvement speeds things up.
How much can I expect an attorney to charge?
The majority of attorneys will accept a personal injury case on a contingency fee basis
Attorney shall not contract for, charge, or collect a contingent fee in excess of the following limits pursuant to paragraph (c):
(1) 33⅓% on the first $750,000 recovered;
(2) 30% on the next $750,000 recovered;
(3) 25% on the next $750,000 recovered;
(4) 20% on the next $750,000;
Contact a Monmouth County Accident Lawyer at the Law Offices of Michael S. Williams After a Injury
If you have been injured, speak with our experienced New Jersey lawyers at the Law Offices of Michael S. Williams. Call us today at 732-351-2800 or contact us online to schedule a free consultation. With offices conveniently located in Tinton Falls and New Brunswick, New Jersey we serve clients in Monmouth and Middlesex County and throughout the state.
