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After a serious accident, most people just want to recover, move on, and avoid court if they can. But when medical bills are piling up and the insurance company isn’t being fair, filing a lawsuit may be your best option. That naturally leads to the question, “How long will a personal injury lawsuit take in New Jersey?”
The answer? It varies. Some cases settle in a matter of months, while others involving serious injuries or disputed liability can take years to resolve. Below, we’ll walk you through the key stages of a New Jersey personal injury lawsuit, what affects the timeline, and what you can do to move things forward.
Average Timeline of an Injury Case
At Nagel Rice LLP, we’ve represented clients in Essex, Bergen, and Middlesex counties and beyond. We’ve seen straightforward cases wrap up in under six months, while others can take more than two years, particularly when trials or appeals are involved.
Here’s a general idea of what you can expect:
- Minor to moderate injury cases with clear liability: 6–12 months
- Severe injury or contested fault cases: 12–24+ months
- Cases that go to trial: 18–36+ months
Let’s look at the process step by step.
Step 1: Investigation and Demand Letter (1–3 months)
Once your medical records are complete, your attorney will investigate liability, collect evidence (photos, witness statements, police reports), and often send a demand letter to the insurance company.
This letter outlines:
- What happened
- Who’s at fault
- Your injuries and treatment
- The compensation you’re seeking
Some claims settle at this point, especially in clear-cut cases, such as a rear-end accident on I-280 or a slip and fall at a Newark grocery store.
Step 2: Filing the Lawsuit (Within 2 Years of Injury)
In New Jersey, the statute of limitations for most personal injury claims is two years from the date of the injury. That means your lawsuit must be filed before that deadline, or you may lose your right to compensation.
Once filed, the defendant (typically an individual, business, or insurance company) will have the opportunity to respond. From here, the process becomes more formal.
Step 3: Discovery Phase (6–12 months)
During discovery, both sides exchange documents, medical records, insurance policies, and other evidence. This phase may also include:
- Written questions (interrogatories)
- Depositions (formal interviews under oath)
- Expert witness evaluations
This is often the longest part of the process, especially if the case involves serious injuries or multiple parties, like in a commercial truck accident on the New Jersey Turnpike.
Step 4: Settlement Negotiations or Mediation (Anytime)
The good news? Most personal injury cases in New Jersey don’t go to trial. They’re resolved through negotiation or court-ordered mediation.
- After the demand letter
- After discovery
- Even on the eve of the trial
Insurance companies often delay offering fair settlements until they see that your attorney is serious and prepared for trial. That’s why choosing a law firm with real courtroom experience, like Nagel Rice, can make a significant difference.
Step 5: Trial (If Necessary)
If the case doesn’t settle, it will go to trial, usually scheduled months after discovery ends. Trial dates in counties like Essex, Bergen, or Union can sometimes get pushed back due to the court’s calendar.
At trial, both sides present evidence, examine witnesses, and let a judge or jury decide the outcome. This phase can last anywhere from several days to several weeks, depending on the complexity of the case.
Factors That Can Speed Things Up—or Slow Them Down
What speeds a case up:
- Clear liability
- Complete medical documentation
- Willingness to settle
What slows it down:
- Disputes about fault
- Complex or catastrophic injuries
- Multiple defendants or insurance companies
- Court scheduling delays (especially post-COVID)
Work With a Seasoned Personal Injury Attorney in New Jersey
While waiting for a personal injury case to resolve can be frustrating, remember: rushing a settlement could cost you thousands—or even hundreds of thousands—of dollars. That’s especially true if you’re dealing with lifelong injuries or future medical needs.
At Nagel Rice, we work diligently to advance cases efficiently while maximizing your compensation. We keep you informed every step of the way and won’t push you into settling early unless it truly serves your best interest.
If you were injured in New Jersey, whether in a car accident, a slip and fall, or another act of negligence, don’t guess your timeline or risk missing your deadline. Contact us today for a free consultation.