Resolving Personal Injury Cases for Lost Wages in New Jersey
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance.
Understanding Case Duration Under New Jersey Law
Personal injury cases involving lost wages can vary widely in length. Factors such as liability disputes, the extent of your injuries, and the complexity of calculating wage loss all affect overall timing. Under New Jersey law, you generally have two years to file a lawsuit for personal injury (N.J.S.A. 2A:14-2). However, the time it takes to resolve your claim from notice to payment can span several months to a few years.
Pre-Litigation Phase
The pre-litigation phase typically includes:
- Completing medical treatment and gathering records
- Preparing and sending a demand letter to the insurer
- Negotiating with the insurance company
In straightforward cases, this phase often lasts 6–12 months.
Litigation Phase
If negotiations do not yield a fair settlement, you may file a lawsuit. The litigation timeline generally involves:
- Pleadings and Discovery: Exchanging information, depositions (6–12 months)
- Motion Practice: Hearings on procedural or evidentiary issues (3–6 months)
- Trial Scheduling and Trial: Depending on county court backlogs, trial dates can be set 12–24 months out.
This phase can extend case resolution by an additional 1–2 years or more.
Key Factors Impacting Timeline
- Liability Disputes: Arguments over fault prolong negotiations and discovery.
- Injury Severity: Serious injuries require a full medical recovery before settlement.
- Proof of Lost Wages: Collecting employer records and expert testimony can add time.
- Court Schedules: Backlogs in New Jersey courts affect when your trial can occur.
Helpful Hints
- Document all medical treatments and diagnoses.
- Keep detailed pay stubs, tax returns, and communications with your employer.
- Consider hiring a vocational expert to substantiate future wage loss.
- File within the two-year statute of limitations (N.J.S.A. 2A:14-2) to preserve your right to sue.
- Consult an attorney early to evaluate your case, estimate timelines, and maximize recovery.