New Jersey injury claims
New Jersey Personal Injury Lawyer
A New Jersey injury claim runs on New Jersey deadlines, fault rules and insurance law, which differ from New York’s. Our New Jersey office in Teaneck represents people hurt in crashes, falls, dog attacks, medical care and on construction sites.
Over 40 years of experience. Free consultation. No fee unless there is a recovery.
Start with what happened
Car, bus, truck or pedestrian crash
Your own policy’s personal injury protection (PIP) and the lawsuit option you chose affect what you can claim for pain and suffering.
New Jersey auto accidentsA fall on someone else’s property
Who controlled the property, and whether they knew or should have known about the hazard, decides the claim. Public property has a 90-day notice.
New Jersey slip and fallA dog bite
The owner is liable for a bite in a public place or where you were lawfully present, whatever the dog’s history. Other dog injuries need different proof.
New Jersey dog bite lawHarm from medical care
A qualified expert’s affidavit of merit is required within 60 days of each defendant’s answer, with one possible extension.
How to file a malpractice claimHurt on a construction site
Workers’ comp covers you against your employer; another company on the site may be sued separately for negligence.
New Jersey construction accidentsA family member died
The wrongful death claim generally must be filed within two years of the death.
New Jersey wrongful death
NJ deadlines and venue
New Jersey deadlines at a glance
These are the general rules. The facts of a case can change which deadline applies, and missing one can end the claim regardless of its strength.
New Jersey's general deadline is two years; New York's is three. Do not assume a New York timeline.
- 2 years
- Most New Jersey personal injury lawsuits must be filed within two years after the claim accrues, usually the date of injury.
- N.J.S.A. 2A:14-2(a)
- Later discovery
- In an appropriate case a judge can find that the claim accrued only when the injured person discovered, or reasonably should have discovered, that they may have a claim. It is decided case by case.
- Lopez v. Swyer (1973)
- Children
- If the injured person was under 18 when the claim accrued, the two years generally run from their 18th birthday. Medical malpractice for injuries at birth is the exception: it must be filed before the child’s 13th birthday.
- N.J.S.A. 2A:14-21; 2A:14-2(a)
- 90 days
- Generally, notice is due within 90 days of accrual and suit within two years for a claim against a public entity or employee. A court may permit late notice within one year for extraordinary circumstances and no substantial prejudice. Minors, incapacity and accrual can change these clocks; seek prompt review.
- N.J.S.A. 59:8-8, 59:8-9
- Wrongful death
- Two years from the date of death (the statute has a limited exception for deaths caused by homicide offenses).
- N.J.S.A. 2A:31-3
- Workers’ comp
- The employer must know of the injury, or be told, within 90 days. The claim petition must be filed within two years after the accident or after the last payment of compensation; employer-authorized medical treatment counts as a payment.
- N.J.S.A. 34:15-17, 34:15-51; NJDOL
Damages proof
Fault and damages under New Jersey law
Comparative negligence
You can recover if your negligence was not greater than the combined negligence of the people you sue, and your damages are reduced by your share (N.J.S.A. 2A:15-5.1). With $100,000 in damages and 30% of the fault, the recovery is $70,000. At an even 50/50 split it is $50,000. If you are found more at fault than the defendants combined, you recover nothing.
More than one defendant
A defendant found 60% or more at fault can be made to pay all of the damages; one found less than 60% at fault pays only its percentage (N.J.S.A. 2A:15-5.3). That is why every responsible party is identified early.
What damages cover
Medical and rehabilitation costs, lost wages and lost earning capacity, and non-economic loss such as pain, suffering and loss of enjoyment of life. Treatment, work-loss, permanency and family-impact records help prove the full value of the case.
Punitive damages and public entities
Punitive damages need clear and convincing proof of actual malice or wanton and willful disregard, and are capped at five times compensatory damages or $350,000, whichever is greater (N.J.S.A. 2A:15-5.12, 5.14). Against a public entity, pain-and-suffering damages are limited by statute and the property standard is "palpably unreasonable" conduct (Model Civil Jury Charge 5.20A).
Case types
Personal injury cases we handle in New Jersey
Motor vehicle accidents
We represent drivers, passengers and pedestrians hurt in car, truck, bus and motorcycle crashes. New Jersey auto policies include personal injury protection and a choice between a limitation and no limitation on lawsuits, which affects claims for pain and suffering (NJ Department of Banking and Insurance). See also truck, bus and pedestrian accidents.
Read the New Jersey guidePremises liability: falls and unsafe property
The duty depends on who controlled the property and why the visitor was there. Businesses, homeowners and public entities face different rules about inspection, warnings, proof and deadlines.
Read the New Jersey guideDog bites
New Jersey’s dog bite statute makes an owner liable for a bite regardless of the dog’s past behavior, when the person bitten was in a public place or lawfully on private property.
Read the New Jersey guideMedical malpractice
We hold physicians, nurses, hospitals and other licensed providers accountable when care falls below accepted standards and causes harm. New Jersey requires an affidavit of merit from an equivalently qualified expert.
Read the New Jersey guideConstruction and workplace accidents
An injured worker is usually limited to workers’ compensation against the employer. If another company’s negligence contributed, that party may be held liable in a separate lawsuit.
Read the New Jersey guideWrongful death
When a death is caused by another’s negligent or deliberate conduct, the family may bring a wrongful death claim. We provide compassionate representation while pressing the claim against those responsible.
Read the New Jersey guideProduct liability
A manufacturer or seller may be liable when a product was not reasonably safe because of a manufacturing defect, a design defect or inadequate warnings.
Nursing home negligence and abuse
If an elderly family member was hurt through neglect or abuse in a care facility, we investigate the staffing, care records and incident history to hold the responsible parties accountable.
Published result
A New Jersey result from our records
Of the firm's published results, this is the one whose record names New Jersey, quoted exactly. Prior results do not guarantee a similar outcome.
$750,000
$750,000 New Jersey Truck Accident Settlement
Michael Licatesi and our New Jersey trial team secured a $750,000 settlement for our client who was seriously injured in a truck accident.
- See the full verdicts and settlements archive
Two states, two rulebooks
New Jersey is not New York
We practice in both states, and the differences decide cases. Three that come up often:
- Deadline. New York's general injury limit is three years (CPLR 214(5)); New Jersey's is two (N.J.S.A. 2A:14-2(a)).
- Construction falls. New York's Labor Law 240 and 241 have no New Jersey counterpart; a New Jersey claim against a contractor or owner requires proof of negligence.
- Car insurance. New Jersey's PIP and lawsuit-option system is not New York's no-fault law. Cross-border crashes require a separate review of the policy, vehicle and applicable law.
If your injury happened in New York, start with our New York personal injury page.
Our New Jersey office
696 Palisade AvenueTeaneck, NJ 07666908-667-0077Our Teaneck office is in Bergen County. Directions and office details.
A New Jersey civil claim for more than $20,000 is filed in the Superior Court, Law Division, Civil Part, with a Civil Case Information Statement (NJ Courts).
Questions
New Jersey personal injury FAQs
Most New Jersey personal injury lawsuits must be filed within two years after the claim accrues, usually the date of the injury (N.J.S.A. 2A:14-2(a)). The deadline can be different: a judge may delay the start date when an injury could not reasonably have been discovered, claims of people injured before age 18 are generally tolled until their 18th birthday, birth-injury malpractice must be filed before the child’s 13th birthday, and claims against public entities generally need a notice of claim within 90 days of accrual, subject to exceptions. Because the right deadline depends on the facts, have it checked early.
Claims against a New Jersey public entity or public employee follow the Tort Claims Act. A notice of claim must be filed within 90 days of the claim accruing; a judge may allow a late notice within one year in extraordinary circumstances if the entity is not substantially prejudiced, and a lawsuit is barred after two years (N.J.S.A. 59:8-8, 59:8-9). Tolling, incapacity, minority and special statutes can change these rules. For ordinary injury claims, the Act generally limits pain-and-suffering damages to cases of permanent loss of a bodily function, permanent disfigurement or dismemberment with more than $3,600 in medical expenses (N.J.S.A. 59:9-2(d)).
Yes, as long as your share of the fault is not greater than the combined fault of the people you are suing. Your damages are then reduced by your percentage. If a jury finds you more at fault than the defendants combined, you recover nothing (N.J.S.A. 2A:15-5.1). Insurers often argue fault for this reason, so evidence about how the injury happened matters.
A jury assigns each party a percentage of fault. A defendant found 60% or more responsible can be required to pay the full amount of the damages; a defendant found less than 60% responsible pays only its own percentage (N.J.S.A. 2A:15-5.3).
Only in limited cases. Punitive damages require clear and convincing proof that the defendant acted with actual malice or a wanton and willful disregard of people who could foreseeably be harmed; gross negligence alone is not enough. They are capped at five times the compensatory damages or $350,000, whichever is greater, with limited statutory exceptions (N.J.S.A. 2A:15-5.12, 2A:15-5.14).
Yes. Our New Jersey office is at 696 Palisade Avenue, Teaneck, NJ 07666, and can be reached at 908-667-0077. Consultations can also be arranged by phone or video.
The consultation is free. We handle personal injury cases on a contingency fee: there is no fee unless there is a recovery. We explain the fee agreement in writing before you decide.
Hurt in New Jersey? Talk to us before a deadline runs
We will review what happened, which deadlines apply and who may be responsible. Free consultation; no fee unless there is a recovery.
What to bring
- Date and place of the injury, and any report or claim number
- Photos, witness names and any letters from insurers
- Medical records, bills and work-loss information
- Anything showing whether a public entity was involved
Photo credits: Bergen County Court House, Hackensack by Stephdurante, CC BY-SA 4.0, cropped and resized; Interstate 80 in Saddle Brook by Famartin, CC BY-SA 4.0, cropped and resized.