Six months after your accident, bills are piling up, and the insurance company’s offer won’t cover your costs. If you’re still in pain, unable to work, and wondering how to file a car accident lawsuit in New Jersey, you’re not alone.
Filing a car accident lawsuit in New Jersey involves specific steps and strict deadlines. Here’s what you need to know.
Step 1: Can You File a Lawsuit?
Although New Jersey uses a no-fault system when it comes to payment of your medical bills, meaning that your own insurance company is responsible to pay for your medical bills, victims of legally qualifying serious injuries can be eligible to pursue claims for pain and suffering, lost wages and other damages and seek compensation from the at-fault driver in a civil lawsuit.
Qualifying individuals have two years from the date of the accident to bring a claim. Be aware: The statute of limitations for a car accident in NJ is strict. Miss it, and you could lose your right to compensation completely.
Step 2: Gather Your Evidence
Filing a lawsuit after a car accident in NJ means collecting a lot of paperwork. You’ll need a copy of all relevant documents, including:
- Police reports from your local department;
- Medical records from hospital visits, urgent care, and specialists;
- Photos of your car, the accident scene, and your injuries; and
- Bills, receipts, and pay stubs showing missed work.
Every detail of a crash comes under scrutiny in a lawsuit, so having thorough documentation strengthens your case from the start.
Step 3: Calculate Your Losses
Add up your medical expenses, lost wages, and ongoing treatment costs. But, you might wonder, what about your pain and suffering? How do you put a price on months of physical therapy or missing important family moments?
An experienced attorney can help estimate these “noneconomic” damages, considering factors like your age, career, and how long your recovery might take.
Step 4: File Your Lawsuit
To start the New Jersey car accident legal process, you and your attorney will file a complaint in New Jersey Superior Court, pay the filing fee, and have the other driver served with legal papers.
Your complaint must clearly explain what happened, who was at fault, and what damages you’re seeking. Legal missteps here can delay, or even dismiss, your NJ personal injury lawsuit, so accuracy is crucial.
Step 5: The Discovery Process
Both sides now exchange information. You’ll answer written questions, provide documents, and potentially give a deposition under oath. The other side might send you to their doctor for an independent exam and request your medical, employment, and even social media records.
Discovery can last months, sometimes over a year, as each side gathers evidence to support—or challenge—your claim.
Step 6: Settlement Negotiations
Most personal injury lawsuits in New Jersey settle before trial. Settlement talks can begin at any stage, from early demand letters to post-deposition. Sometimes, a strong case leads to a quick resolution; other times, it takes longer for the parties to agree. Some New Jersey counties may require mediation or arbitration to encourage settlement.
Step 7: Trial (If Needed)
If you can’t settle, your case goes to trial before a New Jersey jury. If the court finds you partly at fault, it will reduce your compensation by your percentage of responsibility. Trials can last days or weeks, and outcomes are never guaranteed.
Why You Need an Experienced New Jersey Car Accident Attorney
Insurance companies have teams of lawyers whose job is to minimize what they pay after you sue their policyholder. They count on you being hurt, stressed, and probably unfamiliar with how to file a car accident lawsuit in New Jersey.
At Petro Cohen, we’ve helped New Jersey accident victims for over 25 years, fighting for the compensation they deserve. The process may be complex, but you don’t have to face it alone.
Ready to take the next step? Contact Petro Cohen today for a free, no-obligation consultation. Let us help you get the justice and the recovery you deserve.
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