How to File a Personal Injury Claim in New Jersey

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Author: John Mattiacci | Owner Mattiacci Law
Published January 1, 2025

An injury claim form in New Jersey

If you’ve been injured in New Jersey, understanding how to file a personal injury claim is critical to securing compensation for medical bills, lost income, and other damages. Filing a personal injury claim in New Jersey involves specific steps: seeking medical attention, collecting evidence, calculating damages, consulting a lawyer, and filing within the state’s legal deadlines.

With decades of proven success securing millions for New Jersey accident victims, Mattiacci Law is a trusted name in personal injury claims. Let me guide you through the process to ensure your case is strong and positioned for success.

An attorney discussing common personal injury cases, personal injury law, involves collecting evidence, someone else's negligence, and legal options.

What Are the Steps to File a Personal Injury Claim in New Jersey?

Filing a personal injury claim in New Jersey involves these key steps:

  1. Seek medical attention to prioritize your health and document your injuries.
  2. Collect evidence such as photos, witness contact information, and police reports.
  3. Calculate damages by compiling medical bills, lost wages, and other expenses.
  4. Consult a personal injury attorney to build a strong case and protect your rights.
  5. File your claim with the appropriate insurance company or court.
  6. Pursue compensation through negotiations or litigation if necessary.

Each of these steps plays a crucial role in building a successful claim. Let’s explore them in detail.

1. Seek Immediate Medical Attention

The first step after an accident is seeking immediate medical attention to prioritize your health and establish a record of your injuries.

Visiting a doctor or hospital ensures that your injuries are treated properly and linked to the accident. Without medical documentation, it becomes challenging to prove the extent of your injuries or their connection to the incident, which could jeopardize your claim.

Action Steps:

  • Visit a doctor or emergency room immediately after the accident.
  • Follow all prescribed treatments and keep records of appointments, diagnoses, and medications.

2. Report the Accident and Document the Scene

Gathering evidence is crucial to proving liability and damages in your personal injury claim.

Action Steps:

  • Call the Police: To file an official report.
  • Photographs: Capture the accident scene, visible injuries, and property damage.
  • Witness Information: Collect contact details from anyone who saw the accident.
  • Official Reports: Obtain copies of police or incident reports, which provide critical documentation of what occurred.

Organized, clear evidence strengthens your case and supports your compensation claim. For tips on staying safe and documenting accidents, visit the National Safety Council’s Post Crash Roadway Safety page.

3. Notify the Appropriate Insurance Companies

New Jersey’s no-fault insurance system requires prompt notification to start the claims process.

Action Steps:

  • Contact your insurance provider to report the accident.
  • Avoid discussing fault or signing any settlement offers without consulting an attorney.

How Does New Jersey’s No-Fault Insurance System Work?

New Jersey’s no-fault insurance system ensures that your own insurance covers medical expenses, regardless of who caused the accident.

However, in cases of serious injury, you may step outside the no-fault system and file a claim against the at-fault party. Serious injuries typically include:

  • Significant disfigurement
  • Permanent disability
  • Broken bones
  • Medical expenses exceeding policy limits

Understanding whether your claim qualifies for no-fault or fault-based compensation is essential. Learn more about no-fault insurance systems at the Insurance Information Institute.

4. Keep a Detailed Record of Damages

Your compensation depends on accurately demonstrating the financial impact of the accident.

Action Steps:

  • Track all expenses, including medical bills, lost wages, property damage, and out-of-pocket costs.
  • Keep a journal documenting how the injury affects your daily life (e.g., pain, mobility issues, emotional distress).

5. Consult a Qualified Personal Injury Attorney

An experienced attorney will protect your rights, negotiate with insurance companies, and build a strong case on your behalf.

Action Steps:

Schedule a free consultation with an attorney experienced in New Jersey personal injury law.

Provide all documentation (evidence, medical records, police reports) during your initial meeting.

An experienced personal injury attorney working on insurance claims and the legal process for personal injury cases.

6. File Your Claim

Filing correctly and on time ensures your claim is valid under New Jersey law.

Action Steps:

  • Submit your claim to the appropriate insurance company with all required documentation.
  • If your claim involves serious injuries or exceeds no-fault thresholds, file a lawsuit within New Jersey’s two-year statute of limitations.

7. Negotiate a Settlement or Proceed to Litigation

Many claims are resolved through settlements, but litigation ensures fair compensation when negotiations fail.

Action Steps:

  • Work with your attorney to assess settlement offers and counter low offers.
  • If necessary, prepare for trial with legal representation to present evidence and expert testimony.

8. Finalize the Settlement and Receive Compensation

Proper resolution ensures you’re compensated for all current and future damages.

Action Steps:

  • Review the settlement terms with your attorney to confirm they cover all damages.
  • Ensure the settlement addresses future medical needs or loss of earning capacity, especially in cases of severe injury.

What Types of Damages Can You Claim in New Jersey?

Personal injury claims in New Jersey may cover both economic and non-economic damages.

Type of Damages Examples
Economic Damages Medical expenses, lost wages, rehabilitation costs, and property damage.
Non-Economic Damages Pain and suffering, emotional distress, and loss of enjoyment of life.

Keeping detailed records of all related expenses ensures that your damages are accurately calculated, maximizing your potential compensation.

An injury lawyer working on the legal process for a successful personal injury claim including medical records and a thorough investigation.

What Are Common Mistakes to Avoid When Filing a Personal Injury Claim?

Avoiding common mistakes can significantly improve your chances of a successful claim.

Mistake Why It Matters How to Avoid It
Failing to Seek Medical Attention Weakens your case due to lack of documentation. Visit a doctor immediately after the accident.
Delaying the Claims Process May result in missing critical legal deadlines. Act promptly and consult an attorney early.

 

How Long Do I Have to File a Personal Injury Claim in New Jersey?

The statute of limitations in New Jersey is the legal deadline for filing a personal injury lawsuit, which is generally two years from the date of the injury.

Exceptions may apply, such as:

  • Discovery Rule: For injuries not immediately apparent, the clock starts when they are discovered.
  • Minors: Claims involving minors may have extended deadlines.

Failing to act within this timeframe can result in losing your right to compensation. For more details on legal deadlines, visit the New Jersey Courts website.

Call Mattiacci Law Today to Maximize Your Claim

Every moment you wait is a moment you risk losing the compensation you deserve. Your injuries can impact your health, finances, and quality of life—but you don’t have to face this alone.

At Mattiacci Law, we’ve spent decades fighting for accident victims across New Jersey, recovering millions of dollars to help our clients rebuild their lives. Let us fight for you.

Call us now at 856-219-2481 for a free, no-obligation consultation. We’ll listen to your story, evaluate your case, and create a strategy to maximize your compensation. You pay nothing unless we win—because your future matters too much to settle for less.

Related Content:

FAQs About Filing a Personal Injury Claim in New Jersey

What is the first thing I should do after a personal injury in New Jersey?

The first thing you should do is seek immediate medical attention. Getting medical care promptly protects your health and creates essential documentation linking your injuries to the accident. This documentation is critical for supporting your claim and securing fair compensation.

How long do I have to file a personal injury claim in New Jersey?

In New Jersey, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. Failing to file within this period usually prevents you from seeking compensation, although exceptions may exist for cases involving minors or injuries that were not immediately apparent. Missing this deadline typically bars you from pursuing compensation, though exceptions may apply in cases involving minors or injuries discovered later.

What damages can I recover in a New Jersey personal injury claim?

You can recover economic damages (e.g., medical expenses, lost wages, property damage) and non-economic damages (e.g., pain and suffering, emotional distress). In serious cases, punitive damages may also be awarded to punish the at-fault party for reckless behavior.

Can I file a claim if I was partially at fault for the accident?

Yes. Under New Jersey’s modified comparative negligence rule, you can recover compensation as long as you are not more than 50% at fault. Your compensation will be reduced by your percentage of fault. For instance, if you are 20% at fault and your damages total $100,000, you can recover $80,000.

What is New Jersey’s serious injury threshold, and how does it affect claims?

The serious injury threshold in New Jersey determines if you can file a claim outside the no-fault system. It includes permanent disfigurement, fractures, and high medical costs. Serious injuries include:





Permanent disfigurement or loss of a body part



Significant scarring or fractures



Medical expenses exceeding policy limits

If your injuries meet this threshold, you may pursue additional compensation.

What happens if the insurance company denies my claim?

If your claim is denied, you can appeal the decision or file a lawsuit. A personal injury attorney can review the denial, provide additional evidence, and negotiate with the insurer to pursue a fair settlement. If negotiations fail, your attorney can take the case to court.
Contact us for a free consultation.
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