Frequently Asked Questions in New Jersey

If you’ve been injured in an accident in New Jersey, you may feel unsure about what steps to take next. Whether your injuries happened in a car crash, slip and fall, or another situation, understanding your rights is critical. This FAQ page answers some of the most common questions that residents in New Jersey ask after an accident.

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

In New Jersey, the statute of limitations for most personal injury claims is two years from the date of the accident. If you’re filing a wrongful death claim, you also have two years from the date of your loved one’s passing. If you miss this deadline, the court may dismiss your case. Speaking with an attorney early can help ensure you don’t miss important time limits.

What should I do after a car accident?

After a crash, call 911 and check for injuries. If possible, take photos of the vehicles, license plates, road conditions, and any visible injuries. Exchange contact and insurance information with all involved drivers. Report the accident to your insurance company and seek medical care, even if you feel okay.

Is New Jersey a no-fault state?

Yes, New Jersey follows a no-fault insurance system. That means your own insurance policy, specifically your Personal Injury Protection (PIP) coverage, will pay for your medical expenses regardless of who caused the crash. However, in certain cases, you may still be able to sue the at-fault driver for serious injuries or other losses.

Can I sue if I was partially at fault?

Yes, New Jersey uses a modified comparative fault system. As long as you are not more than 50 percent responsible for the accident, you can still recover compensation. Your total award will be reduced by your percentage of fault. If you are 51 percent or more at fault, you cannot recover damages.

How do I get a copy of a police report?

You can request a police report from the law enforcement agency that responded to the scene or through the New Jersey State Police website at https://www.njsp.org. Be ready to provide the report number, date, and location of the crash. Reports may take a few days to become available.

What types of compensation can I receive?

You may be entitled to compensation for medical bills, lost wages, pain and suffering, emotional distress, property damage, and future care expenses. In wrongful death cases, survivors can also seek funeral costs and loss of companionship. A lawyer can help evaluate what your case may be worth.

What if the other driver doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may be able to rely on your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This type of coverage is optional but highly recommended in New Jersey. It can help cover your medical costs and other losses if the other driver can’t pay.

Can I file a claim against a business or government agency?

Yes, but different rules apply when suing a government entity. You must file a notice of claim within 90 days of the injury. Claims against private businesses follow standard personal injury procedures, but may involve more complex insurance or liability issues. Legal help is often important in both situations.

Who can file a wrongful death claim in New Jersey?

A wrongful death claim must be filed by the personal representative of the deceased person’s estate. The compensation may benefit surviving family members such as a spouse, children, or parents. These claims must be filed within two years of the date of death.

What are my options if I was injured in a slip and fall?

You may be able to file a premises liability claim if you were injured due to a dangerous condition on someone else’s property. This could include icy sidewalks, broken stairs, or poor lighting. You’ll need to prove that the property owner knew or should have known about the hazard and failed to fix it.

Are there any public assistance programs for accident victims?

Yes. Victims in New Jersey may be eligible for Medicaid, SNAP, or temporary disability benefits. If the injury occurred due to a violent crime, the New Jersey Victims of Crime Compensation Office may provide financial help. These programs can support you while you recover.

What if my child was injured?

If your child is hurt in an accident, you can file a claim on their behalf. Compensation can cover medical bills, emotional distress, and long-term effects. While minors may have extended time to file a claim, it’s still important to gather evidence and start the process early.

Do I need a lawyer to handle my injury case?

You are not required to have a lawyer, but hiring one can help ensure you’re treated fairly by insurance companies. An attorney can handle negotiations, gather evidence, and guide your case toward the best outcome. Many lawyers in New Jersey work on a contingency basis, meaning you pay nothing unless you win.