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

In New Jersey, a person injured by the wrongful act of another generally has two years from the date of injury to file a lawsuit seeking compensation. This deadline is set by and applies to most personal injury claims, including motor vehicle accidents, slip and falls, and product liability cases. If the claim is not filed within that two‑year window, the court will ordinarily dismiss the action, and the injured party loses the right to recover damages. Certain claims have even shorter timeframes — for example, claims against New Jersey government entities may require a notice of claim within ninety days. The firm’s attorneys work to meet all applicable deadlines so that a client’s claim is preserved.
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Missing the statute of limitations can permanently bar your claim, even if the injury was severe and liability is clear. Prompt investigation helps preserve evidence, locate witnesses, and negotiate with insurance carriers while the facts are fresh. If you have questions about your specific deadline, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.

Personal Injury Claims in New Jersey

New Jersey personal injury law allows a person who has suffered physical, emotional, or financial harm due to another’s negligence or intentional conduct to seek compensation. The state follows a modified comparative fault rule under the New Jersey Comparative Negligence Act, et seq. Under that standard, an injured party can recover damages as long as that party’s own fault does not exceed 50 percent. If the injured person is found to be 51 percent or more at fault, recovery is barred. When the injured party shares some fault but is 50 percent or less responsible, any damages awarded are reduced in proportion to that party’s percentage of fault.

Damages in a New Jersey personal injury case may include medical expenses, lost income, pain and suffering, and loss of consortium. Unlike some other states, New Jersey does not cap compensatory damages in most personal injury actions, so the amount of recovery can reflect the full extent of the harm. In motor vehicle cases, a plaintiff’s right to recover non‑economic damages can be affected by the insurance policy’s “limitation on lawsuit” (verbal threshold) election. In addition, claims involving government defendants often require special notices and shorter deadlines, as noted above. The firm represents clients before the Superior Court of New Jersey, Law Division — Civil Part, as well as in federal court when diversity jurisdiction exists.

Whether a case arises from a car crash on the Garden State Parkway, a fall on a commercial property in Monmouth County, or a defective product distributed in New Jersey, the legal principles are the same, but each case’s facts determine how those principles are applied. Law Offices Of SRIS, P.C. has a location in New Jersey that serves clients across the state, and attorneys are available to review the specific circumstances of a potential claim.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Personal Injury Cases

When the firm is retained in a personal injury matter, the first priority is understanding the client’s injuries, the facts of the incident, and the available insurance coverage. The attorneys then develop a strategy that may involve pre‑suit negotiation with an insurance carrier, a thorough investigation that includes gathering medical records and, when necessary, retaining accident reconstruction attorneys or medical consultants, and, if a fair settlement cannot be reached, preparing the case for trial in the New Jersey Superior Court.

Mr. Sris, who founded the firm in 1997, and the firm’s Of Counsel attorneys bring considerable combined legal experience to personal injury representation. The firm handles cases on a contingency‑fee basis, meaning that fees are paid only from a recovery, and the initial consultation is provided at no charge. Throughout the process, the attorneys work to present the client’s damages clearly and to protect the client’s interests against the tactics that insurance companies sometimes use to minimize or deny valid claims. Because every case is different, the time a case takes and the outcome achieved depend on many factors, including the severity of the injury, the complexity of the liability issues, and the court’s calendar.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He established the firm in 1997 and has guided its growth into a multi‑state practice. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys are independent practitioners who contract directly with Law Offices Of SRIS, P.C. Together, Mr. Sris and the firm’s Of Counsel attorneys assist injured clients in New Jersey and several other jurisdictions.

Frequently Asked Questions

Is the statute of limitations for personal injury always two years in New Jersey?

Most personal injury claims in New Jersey must be filed within two years, but certain exceptions can shorten or extend that period. For example, claims against a government entity may require a notice of claim within 90 days. A minor’s claim may be tolled until the minor reaches age 18, and the discovery rule can delay the start of the limitations period when an injury was not immediately apparent. Because the applicable deadline can vary, it is important to have your specific situation reviewed by an attorney as soon as possible.

What happens if I miss the deadline to file a personal injury lawsuit in New Jersey?

If the statute of limitations expires before a lawsuit is filed, the court will generally dismiss the case, and you lose the right to recover compensation. Even a strong claim with clear liability can be barred. There are very limited circumstances in which a late filing might be permitted, but those exceptions are narrow and not guaranteed. Acting promptly gives your attorney the trusted opportunity to protect your rights.

How does New Jersey’s modified comparative fault rule affect my case?

You can recover damages as long as you are not more than 50% at fault for the accident, but your recovery is reduced by your share of fault. For instance, if you are found to be 20 percent at fault and your total damages are $100,000, you would recover $80,000. If you are 51 percent or more at fault, you recover nothing. An attorney can help present evidence to minimize any assignment of fault to you.

What types of damages can I recover in a New Jersey personal injury case?

You may recover economic damages, such as medical bills and lost wages, and non‑economic damages, such as pain and suffering and loss of consortium. New Jersey does not impose a statutory cap on compensatory damages in most personal injury cases, so the amount you may receive can reflect the full impact of your injury. In certain motor vehicle cases, your ability to recover non‑economic damages may be limited by your insurance policy’s choice of the “limitation on lawsuit” threshold.

Do I need a lawyer for a personal injury claim in New Jersey?

You are not legally required to have a lawyer, but navigating New Jersey’s statutes of limitations, comparative fault rules, and insurance requirements can be challenging without legal representation. An experienced attorney can investigate the facts, gather evidence, negotiate with insurance companies, and, if necessary, litigate the matter. Many people find that having counsel helps them avoid mistakes that could reduce or eliminate their recovery.

How much does a personal injury lawyer cost in New Jersey?

Most personal injury lawyers in New Jersey, including Law Offices Of SRIS, P.C., handle injury cases on a contingency‑fee basis. That means the attorney’s fee is a percentage of the amount recovered, and no fee is charged if there is no recovery. The initial consultation is typically provided at no cost, allowing you to discuss your case without any financial risk. The specific percentage and any case expenses that may be deducted from the recovery are explained during the initial meeting.

What should I do immediately after an injury in New Jersey?

Seek medical attention right away, follow your doctor’s instructions, and report the incident to the appropriate authorities or property owners. If you are able, document the scene, take photographs, and collect contact information from witnesses. Avoid giving recorded statements to insurance adjusters before speaking with an attorney, and do not post details about the incident on social media. Then, contact a lawyer to discuss your legal options and any applicable deadlines.

Where can I find a personal injury lawyer in New Jersey?

Law Offices Of SRIS, P.C. maintains a location in New Jersey that serves clients throughout the state. You can reach the firm at (888) 437-7747 to request a consultation. The firm’s attorneys handle a wide range of personal injury matters, including motor vehicle accidents, premises liability, and wrongful death claims, and they appear in the Superior Court of New Jersey, Law Division — Civil Part, in various counties.

For more information about the firm’s personal injury practice, visit our personal injury page.

Outbound sources:
New Jersey Legislature — state statutes including .
New Jersey Courts — court locations, rules, and self‑help resources.

Last reviewed: July 2026

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Case results depend on a variety of factors unique to each case.