Author: John Mattiacci | Owner Mattiacci Law
Published January 1, 2025
Table of Contents
ToggleIf 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.
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:
- Seek medical attention to prioritize your health and document your injuries.
- Collect evidence such as photos, witness contact information, and police reports.
- Calculate damages by compiling medical bills, lost wages, and other expenses.
- Consult a personal injury attorney to build a strong case and protect your rights.
- File your claim with the appropriate insurance company or court.
- 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.
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.
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:
- Personal Injury Laws and Legal Options in New Jersey
- How Much Does an Insurance Claims Lawyer Cost in New Jersey?
- How Are Personal Injury Settlements Paid Out in New Jersey?
- How Much are Injury Settlements for Car Accidents in New Jersey?
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?
How long do I have to file a personal injury claim in New Jersey?
What damages can I recover in a New Jersey personal injury claim?
Can I file a claim if I was partially at fault for the accident?
What is New Jersey’s serious injury threshold, and how does it affect claims?
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?
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