If you have been injured due to someone else's negligence in New Jersey, you have the right to seek compensation for your losses. This guide explains the personal injury claims process, New Jersey's comparative negligence rules, and what to expect when pursuing a claim.
Elements of a Personal Injury Claim
To succeed in a personal injury claim in New Jersey, you must establish: (1) the defendant owed you a duty of care; (2) the defendant breached that duty; (3) the breach caused your injuries; and (4) you suffered actual damages as a result. All four elements must be proven by a preponderance of the evidence.
New Jersey's Modified Comparative Negligence Rule
New Jersey follows the modified comparative negligence rule (N.J.S.A. 2A:15-5.1). Under this rule, you can recover damages even if you were partially at fault for the accident — as long as your fault does not exceed 50%. Your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover.
Types of Compensable Damages
In a New Jersey personal injury case, you may be entitled to: economic damages (medical bills, lost wages, future medical expenses, loss of earning capacity); non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium); and in rare cases involving egregious conduct, punitive damages.
The Insurance Claims Process
Most personal injury cases begin with a claim against the at-fault party's insurance company. Insurance companies are businesses — their goal is to minimize payouts. An experienced personal injury attorney can negotiate effectively with insurers, gather evidence to support your claim, and ensure you do not accept a settlement that undervalues your injuries.
Auto Accident Claims and New Jersey's No-Fault System
New Jersey is a no-fault auto insurance state. This means that after a car accident, you first make a claim with your own Personal Injury Protection (PIP) coverage for medical expenses, regardless of who was at fault. You can step outside the no-fault system and sue the at-fault driver if your injuries meet the verbal threshold (permanent injury) or if you selected the unlimited right to sue option on your policy.
Common Questions
How long do I have to file a personal injury lawsuit in New Jersey?
The statute of limitations for personal injury claims in New Jersey is generally 2 years from the date of injury (N.J.S.A. 2A:14-2). Special rules apply for claims against government entities, which require a Notice of Claim within 90 days. Missing the deadline will bar your claim.
Should I accept the insurance company's first settlement offer?
Almost never. Insurance companies typically make low initial offers. Once you accept a settlement and sign a release, you cannot pursue additional compensation even if your injuries turn out to be more serious than initially thought. Consult an attorney before accepting any settlement.
How are personal injury attorneys paid in New Jersey?
Most personal injury attorneys work on a contingency fee basis — meaning they only get paid if you recover money. The standard contingency fee in New Jersey is 33.3% of the recovery. You pay nothing upfront.
Need Legal Help?
Get a free case assessment with Attorney Ahmed. We serve all of New Jersey.
Call 732-800-0251Contact Us