Detailed Answer
Resolving an auto accident injury claim in New Jersey typically spans several phases. The overall timeline depends on injury severity, liability disputes, and insurer responsiveness. Below is a general roadmap:
1. Initial Medical Treatment and Documentation (1–3 months)
After your accident, seek immediate medical care. Document all injuries, treatments, and expenses. Early records establish causation and damages.
2. Medical Release and Maximum Medical Improvement (2–6 months)
Insurers often wait until you reach Maximum Medical Improvement (MMI) before evaluating your claim. MMI means your condition has stabilized and future treatment needs are clear.
3. Demand Package Submission (1–2 months after MMI)
Your attorney compiles medical records, bills, wage-loss documentation, and a written demand for damages. A well-organized package helps insurers assess liability and value.
4. Insurance Review and Negotiations (2–6 months)
Once the demand arrives, the insurer typically takes 30–60 days to review it. Expect multiple rounds of counter-offers. Settlements often resolve here if liability is clear and injuries are fully documented.
5. Filing a Lawsuit (Deadline: 2 years)
If negotiations stall, you can file suit in Superior Court. Under New Jersey law, you must file within two years of the accident date (N.J.S.A. 2A:14-2).
6. Discovery and Pretrial Motions (6–18 months)
After suit, both sides exchange evidence through depositions and interrogatories. Motions to dismiss or for summary judgment may extend the process.
7. Mediation or Trial (6–12 months)
Many courts require mediation before trial. If mediation fails, the case proceeds to trial. Trials in New Jersey can last days to weeks, depending on complexity.
Overall, an uncomplicated claim may resolve in 6–12 months. Complex or disputed claims often take 1–3 years or longer.
Key Statutes
N.J.S.A. 39:6A-8 (No-Fault Benefits)
N.J.S.A. 2A:14-2 (Statute of Limitations)
Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Helpful Hints
- Track all medical visits, expenses, and prescriptions.
- Keep a daily pain and activity journal.
- Communicate in writing with insurers whenever possible.
- Follow your doctor’s treatment plan to avoid disputes.
- Consult an attorney early to protect your rights.