Most injury claims settle without a lawsuit. When a lawsuit is necessary, knowing what's ahead takes away much of the stress. Here's how a typical personal injury case moves through the New Jersey Superior Court, Law Division, from the first filing to a verdict.
1. Investigation and the claim
Before anything is filed, your lawyer collects the police report, photos, witness statements, medical records, and insurance information, and sends preservation letters for video and other evidence. In many cases, the claim is presented to the insurer and settled at this stage, usually after you finish treatment.
2. The complaint
If the case doesn't settle, a complaint is filed in Superior Court in the right county, usually where the accident happened or where a party lives. It must be filed before the deadline, generally two years for personal injury. Claims against public entities require a notice of claim first.
3. The answer
Once served, each defendant generally has 35 days to file an answer (R. 4:6-1). In practice, the defendant's insurance company hires the defense lawyer. In medical malpractice cases, the affidavit of merit deadline runs from the answer. In auto cases with the verbal threshold, the physician's certification of permanency is generally due within 60 days of the answer.
4. Discovery
Discovery is how each side learns the other side's evidence. New Jersey assigns cases to a track that sets how long discovery lasts, measured from the first answer (R. 4:24-1). Most auto cases are Track II, with 300 days. Many complex cases are Track III, with 450 days. Extensions are possible.
- Interrogatories: written questions answered under oath. New Jersey has standard form interrogatories for common cases.
- Document requests: medical records, photos, employment records, insurance policies
- Depositions: testimony under oath, with a court reporter, in a lawyer's office or by video. Your lawyer will prepare you thoroughly.
- Defense medical exam: the defense may require an exam by its doctor. How to handle it.
- Expert reports: treating doctors, and sometimes reconstruction experts, economists, and life-care planners
5. Arbitration
Under Court Rule 4:21A, many personal injury cases, including auto cases, must go to mandatory non-binding arbitration after discovery. A panel, usually experienced lawyers, hears a short presentation and issues an award. Either side can reject it and demand a trial within 30 days, but rejecting an award has potential fee consequences in some situations. Arbitration awards often become the basis for settlement.
6. Mediation and settlement
Many cases settle through mediation, either court-ordered or private with a retired judge. A neutral mediator meets with both sides and helps them reach an agreement. Our $1.3 million premises result was reached at mediation before a retired judge.
Offer of judgment
Under R. 4:58, either side can make a formal offer of judgment. If the other side rejects it and the verdict ends up less favorable to them than the offer by a certain margin, they can be responsible for certain fees and costs. It's a strategic tool that pushes both sides toward realistic numbers.
7. Trial
If the case doesn't settle, it goes to trial before a jury of six or more people from the county. A typical trial includes:
- Jury selection
- Opening statements
- Plaintiff's case: you, witnesses, doctors, and experts
- Defense case
- Closing arguments
- Jury instructions and deliberation
- Verdict
In New Jersey civil cases, the verdict doesn't have to be unanimous. Five-sixths of the jurors must agree (R. 1:8-9). Many injury trials take a few days to two weeks.
8. After the verdict
Either side can file post-trial motions or an appeal to the Appellate Division. Payment usually comes from the insurer. Liens are resolved and the funds are distributed with a written settlement statement. How liens work.
How long does it take?
From filing to trial, a typical New Jersey personal injury lawsuit takes about one to two years, longer for complex cases or in busy counties. Most cases settle somewhere along the way.
Your part
- Keep treating and following medical advice.
- Answer your lawyer's questions promptly and honestly.
- Stay off social media about the case.
- Keep track of missed work, expenses, and how the injury affects your life.