Personal Injury Claims & Lawsuits In New Jersey

Common Types of Personal Injury Claims in New Jersey

Personal injury cases in New Jersey cover various scenarios where someone else’s negligence or wrongful actions cause harm. This includes car crashes on the Turnpike, workplace injuries, dangerous products, and medical negligence.

Most injury claims settle before ever reaching court, according to the Bureau of Justice Statistics. But filing a lawsuit often prompts insurers to take a claim seriously. Below are the most common personal injury claim types in New Jersey:

Motor Vehicle Accident

Who to negotiate with: The at-fault driver’s auto insurer or your own insurer under New Jersey’s no-fault system.

Who to sue: There could be multiple defendants, including the negligent driver, a trucking company, employer, or vehicle manufacturer in cases involving defective parts.

Plaintiff and defendant roles: The injured person (plaintiff) sues the at-fault party (defendant). However, lawsuits in New Jersey typically apply only in serious injury cases that meet New Jersey’s “verbal threshold” under N.J.S.A. 39:6A-8(a).

Trial success rate for plaintiff: Approximately 60–65% for auto injury claims, according to the Bureau of Justice Statistics.

General Injury

Who to negotiate with: The property owner’s or business’s liability insurance carrier.

Who to sue: An individual, company, or local government responsible for unsafe conditions or negligence.

Plaintiff and defendant roles: The injured individual files suit against whoever breached their “duty of care,” due to being negligent or deliberately causing an injury.

Trial success rate for plaintiff: Around 40%, based on premises liability and negligence data from the Bureau of Justice Statistics.

Workers Compensation

Who to negotiate with: Your employer’s workers’ compensation insurer, following procedures from the New Jersey Division of Workers’ Compensation (nj.gov/labor/wc).

Who to sue: Normally, you cannot sue your employer. However, a third-party personal injury claim is possible if a property owner or subcontractor caused your injury.

Plaintiff and defendant roles: Injured workers (plaintiffs) file workers’ comp claims administratively. Third-party lawsuits follow civil court rules for a personal injury case.

Trial success rate for plaintiff: Comparable to general injury cases, depending on claim type.

Sexual Assault

Who to negotiate with: The perpetrator’s insurer, or an employer or institution that failed to provide adequate safety.

Who to sue: The perpetrator and/or the entities that enabled or ignored the misconduct, such as a property owner or employer.

Plaintiff and defendant roles: The survivor (plaintiff) seeks damages for both emotional and physical harm from the perpetrator or property owner (defendant).

Trial success rate for plaintiff: The success rate is roughly 50% for intentional tort cases, such as battery and assault.

Dog Bite

Who to negotiate with: The dog owner’s homeowner’s or renter’s insurance.

Who to sue: The dog owner. New Jersey enforces strict liability under N.J.S.A. 4:19-16, meaning owners are responsible for bites even if the dog has never shown aggression before.

Plaintiff and defendant roles: The bite victim is the plaintiff, and the dog owner (or their insurance company) is the defendant.

Trial success rate for plaintiff: Dog bite claims have a high success rate. According to the Bureau of Justice Statistics, victims win up to 75% of animal attack lawsuits.

Slip and Fall

Who to negotiate with: The business or property owner’s liability insurance company.

Who to sue: The property owner, tenant, or maintenance company responsible for the unsafe condition.

Plaintiff and defendant roles: The plaintiff must prove the defendant knew or should have known about the hazard causing the fall.

Trial success rate for plaintiff: The success rate for slip and fall cases is roughly 39%.

Medical Malpractice

Who to negotiate with: The healthcare provider’s malpractice insurer.

Who to sue: Doctors, nurses, or hospitals whose negligence caused injury or death. Note: New Jersey requires an Affidavit of Merit from a qualified expert under N.J.S.A. 2A:53A-27 to sue.

Plaintiff and defendant roles: The patient (or family) is the plaintiff; healthcare providers or facilities are defendants.

Trial success rate for plaintiff: The success rate is low compared to other personal injury cases (only about 22–25%), reflecting the complexity of medical malpractice cases.

Filing a Personal Injury Claim

The process of filing a personal injury claim in New Jersey begins outside the courtroom. You’d typically negotiate with the at-fault party’s insurer in the first instance. However, if the insurance company is dragging its heels, and you’re unable to recover a fair settlement, filing a personal injury lawsuit becomes necessary. Here’s a brief rundown of the steps:

• Step 1: Gather Documentation. Collect all the vital evidence, including police reports, medical records, and photos to support your claim.
• Step 2: Negotiate with the insurance company. Your attorney will send a demand letter outlining the injuries, liability, and the compensation you’re seeking. Roughly 60–70% of cases resolve through negotiation.
• Step 3: File a Lawsuit. If the insurer refuses a fair settlement, your lawyer files a civil complaint in Superior Court (njcourts.gov). This officially kicks off your lawsuit.
• Step 4: Discovery & Mediation. Both parties exchange evidence and attempt to resolve the case through mediation before it moves to trial.
• Step 5: Trial. If settlement negotiations and mediation attempts fail, your attorney presents your case before a judge or jury at trial.

Typical Personal Injury Settlement Amounts In New Jersey

Every case is unique, and what you can recover with a personal injury case in New Jersey will depend on several factors, including the severity of your injuries and your financial losses. That said, the average settlement for personal injury cases in New Jersey is around $40,500. But serious and life-changing injuries demand much higher settlements, with some reaching multi-million-dollar recoveries.

When You Need to File a Lawsuit

While insurance companies should offer you a fair settlement that covers all your losses, the reality is often different. Insurers try every trick in the book to pay you less than you deserve. Here’s when filing a personal injury lawsuit in New Jersey may be necessary:

• The insurance company denies, reduces, or severely delays your claim.
• The settlement offer doesn’t cover your medical costs or lost wages.
• There’s a dispute about who was at fault.

Insurers often change their minds when they see a long court battle looming. This explains why only about 15–20% of personal injury claims progress to lawsuits, and just 3–5% reach trial. Most New Jersey personal injury cases settle during mediation or after discovery uncovers vital evidence.

Get Matched With a Personal Injury Lawyer in New Jersey

It’s normal to feel overwhelmed. Between doctor visits and pushy insurance adjusters, you might not know where to turn to get justice. But you don’t have to go it alone. An experienced New Jersey personal injury attorney can:

• File claims and lawsuits within New Jersey’s deadlines
• Negotiate with insurance adjusters
• Calculate fair compensation for pain, suffering, and lost income
• Fight for what you deserve at trial

At ConsumerShield, we make getting legal help easy. Let us match you with vetted New Jersey personal injury lawyers who specialize in your type of case. Remember, the time to file a lawsuit is limited in New Jersey, so don’t wait to get help.