If you were hurt because of someone else's carelessness — in a car crash, a fall on unsafe property, or another accident — New Jersey law may allow you to recover compensation, called "damages." Understanding the categories of damages, and the deadline to file, can help you protect your rights.
The two-year statute of limitations
New Jersey sets a deadline for filing most personal injury lawsuits. In general, you have two years from the date of the injury to file suit. If you miss that window, the court can dismiss your case no matter how strong it is.
A few important points:
- Some situations differ. Claims involving public entities, for example, require a separate written notice on a much shorter timeline before a lawsuit can even be filed.
- Deadlines for minors and certain other circumstances may be calculated differently.
- Evidence fades. Even apart from the legal deadline, the sooner you act, the easier it is to preserve records, photographs, and witness accounts.
Because the rules have exceptions, it is wise to speak with an attorney promptly rather than assume you know your deadline.
Categories of damages in New Jersey
Damages in a personal injury case generally fall into two broad groups.
Economic damages
These are measurable financial losses, such as:
- Medical expenses — past and reasonably anticipated future care.
- Lost wages and lost earning capacity if your injuries affect your ability to work.
- Out-of-pocket costs related to the injury, such as travel for treatment or property damage.
Non-economic damages
These compensate for harms that do not come with a receipt, including:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life and the impact on daily activities.
What can affect your recovery
Several factors shape what an injured person can ultimately recover:
- Comparative negligence. New Jersey follows a modified comparative fault rule. If you are partly responsible, your recovery can be reduced — and barred entirely if your share of fault is too high.
- Insurance coverage and policy limits, which can cap available funds.
- Documentation. Clear medical records and proof of losses strengthen a claim.
In auto cases in particular, the type of coverage you selected can also affect your right to sue for certain injuries, so the facts of each case matter a great deal.
Take the next step early
Personal injury claims turn on details and deadlines. Acting early gives you the best chance to preserve evidence and meet the applicable time limits.
If you were injured in New Jersey and want to understand your options, our personal injury attorneys offer a free, no-obligation consultation. Tell us what happened, and we will explain how the law may apply to your situation.
Keep reading
What Happens If I Die Without a Will in New Jersey?
When a New Jersey resident dies without a will, state intestacy law decides who inherits. Here is how it works and why it may not match your wishes.
The New Jersey Attorney Review Period, Explained
New Jersey's three-day attorney review period lets buyers and sellers have a real estate contract reviewed — and canceled — before it becomes binding. Here is how it works.