Personal Injury Lawsuit in New Jersey
Filing a personal injury lawsuit in New Jersey is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
No-Fault
Auto System
$18,000 – $85,000
Avg Settlement
Lawsuit Steps in New Jersey
Hire an Attorney
Most personal injury attorneys in New Jersey work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate New Jersey court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under New Jersey court rules.
Key New Jersey Law Facts
New Jersey is a choice no-fault state — drivers choose between a "verbal threshold" (limited tort) and "zero threshold" (unlimited tort) option when purchasing auto insurance; the verbal threshold limits lawsuits unless injuries involve permanent injury, significant disfigurement, or other qualifying criteria.
New Jersey uses modified comparative fault under N.J.S.A. § 2A:15-5.2 with a 51% bar — plaintiffs who are 51% or more at fault cannot recover, while those with lesser fault have their award reduced proportionally by their percentage of negligence.
Personal injury lawsuits in New Jersey must be filed within 2 years from the date of injury under N.J.S.A. § 2A:14-2; the discovery rule may toll the statute in cases where the injury was not immediately apparent or the connection to the defendant's conduct was not discoverable.