Hurt in a car accident in New Jersey? If so, you might be wondering how long after an accident can you sue—and how to initiate your claim. Here’s what you need to know about the legal deadlines for injury lawsuits and what you can do to expedite the process.
How Long Do I Have To File A Car Accident Lawsuit in New Jersey?
How long after an accident can you claim injury? Unsure of how long after an accident can you sue? If another driver causes an accident that injures you, you may have the right to file a lawsuit against them to recover money for your:
- Medical bills
- Lost wages
- Pain and suffering
- Diminished quality of life
- Property damage
However, the New Jersey statute of limitations on personal injury claims sets the deadline for when you must file your lawsuit. Under New Jersey law, you have two years from the accident date to file suit against anyone at fault for causing your injuries. If you fail to file your lawsuit within this time limit or frame, the judge hearing your case will likely dismiss your lawsuit. If this happens, you will be denied the opportunity to pursue the compensation you need in court.
Although two years may seem like a long time, your attorney needs this amount of time to develop a robust claim on your behalf. They will:
- Investigate the facts and circumstances of the accident that caused your injuries
- Obtain the necessary evidence to support your claims
- Handle all communications and negotiations with at-fault driver’s insurer
- Prepare and timely file a lawsuit if the insurance company refuses to offer you a fair and reasonable settlement
The sooner you engage legal help, the sooner you have someone managing these deadlines on your behalf.
Do I Need To Report The Car Accident?
Worrying about how long after an accident can you sue? Instead, your first step after an accident in New Jersey should be to report the accident. New Jersey law requires a driver to report an accident to local police if it involves:
- Injury
- Death
- At least $500 in property damage
Once alerted, law enforcement should arrive and investigate the incident. Dispatchers will also send emergency medical personnel to treat anyone who has suffered injuries. The police will prepare a report following their investigation, including information concerning:
- The drivers and vehicles involved
- Insurance information
- Suspected injuries
- A diagram of how they believe the accident occurred
- Any witness statements
If emergency responders do not transport you from the scene, be sure to exchange your insurance and contact information with the other driver. You can also take photos of the scene, including any traffic signs and signals in the area, skid marks on the road, and the vehicle. This information may be critical evidence in your case.
Car Insurance Law in New Jersey
New Jersey state law establishes certain minimum insurance requirements for drivers in the state. The Automobile Insurance Cost Reduction Act recently changed these requirements and mandated that a Basic Policy be available to all drivers. Under a Basic Policy, the following coverages are available:
- Property damage coverage in the amount of $5,000 per accident
- Personal injury protection (PIP) of $15,000 per person and up to $250,000 for certain injuries
Bodily injury liability coverage is not included, but $10,000 coverage per accident is available as an option. Collision and comprehensive coverage are available as an option from some insurers.
Drivers may also opt to purchase a Standard Policy, which provides:
- At least $15,000 in PIP coverage, and up to $250,000 for certain injuries
- At least $25,000 per person and $50,000 per accident in bodily injury liability insurance
- At least $25,000 per accident in property damage liability insurance
New Jersey is a “no-fault” insurance state, meaning that a driver’s PIP insurance covers their injuries regardless of who is at fault for the accident. However, accident victims may also file third-party insurance claims or lawsuits against at-fault drivers under certain circumstances.
When purchasing a Standard Policy, drivers may choose either a limited or unlimited right to sue option. Purchasers of a Basic Policy have only the limited right to sue option. Those who have an unlimited option can sue an at-fault driver for pain and suffering under any circumstances. Those who have the limited-right-to-sue option may only do so if they have suffered a qualifying injury.
Accident victims can also file a claim against third parties or lawsuits to recover compensation for certain costs not covered by their own PIP insurance.
How Do I Settle My Car Accident Case?
How long after an accident can you sue and when should I settle? Car accident claims rarely go to trial. Most successful cases are settled out of court, which guarantees some compensation to the injured driver. Settlements allow the parties to control the outcome of the case rather than leaving the matter up to the judge or jury.
How do you initiate settlement negotiations? Your attorney will start building your case by collecting the necessary evidence to support your claims. They will obtain a copy of the police report, review photographs, and speak to eyewitnesses and law enforcement officers.
Next, your attorney will assess liability in the case and calculate your losses, including medical expenses, lost wages, and pain and suffering. Based on their evaluation of the case, they will determine a figure they believe is a reasonable settlement demand. After you approve, they will make the settlement demand to the insurance companies involved in the case.
Be prepared for the insurance company to reject your initial demand. They will likely respond with a settlement offer lower than your demand. Your attorney will negotiate with the insurer to arrive at a settlement number to which you agree. There is no substitute for an experienced car accident attorney. Their knowledge and negotiation skills make them well-equipped to seek your best settlement.
Contact Brach Eichler Injury Lawyers Today
Still unsure on how long after an accident can you sue? Have you suffered injuries in a motor vehicle accident in New Jersey? Are you in need of legal action and help? Call Brach Eichler Injury Lawyers today. We have the skills and experience to pursue your personal injury lawsuit aggressively and effectively. Our team of lawyers pride ourselves on offering our clients the personalized legal services they need in the aftermath of an accident. We offer free consultations, so there is no risk in speaking with one of our experienced Roseland car accident attorneys. When filing a personal injury case, we assure you the best possible outcome.
Contact us online or call us at (973) 364-8300 to get started.
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Written by: Brach Eichler Injury Lawyers Last Updated : August 29, 2024We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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