Do I need a lawyer after a car accident in New Jersey?
Every rule below is quoted from New Jersey law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the New Jersey rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
New Jersey uses modified comparative negligence with a 51 percent bar. You can recover money only if your share of fault is 50 percent or less. If you are more than half at fault, you recover nothing.
“plaintiff's percentage of fault must be 50% or less. If the plaintiff's percentage is more than 50%, plaintiff will not recover damages at all”
When you can sue the other driver
If you picked the limitation on lawsuit option, you can only sue the other driver for pain and suffering when the injury is death, dismemberment, significant scarring, a displaced fracture, loss of a fetus, or a permanent injury that will not fully heal. If you picked the no limitation on lawsuit option instead, you can sue for pain and suffering from any injury the crash caused.
“(1) death; (2) dismemberment; (3) significant disfigurement or significant scarring; (4) displaced fractures; (5) loss of a fetus; (6) a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.”
How long you have
- 2 years
- to sue for injuriesN.J.S.A. 2A:14-2
- 6 years
- to sue for car or property damageN.J.S.A. 2A:14-1
- 2 years
- for a family to sue after a deathN.J.S.A. 2A:31-3
- 90 days
- to notify the government if a public vehicle or road was involvedN.J.S.A. 59:8-8, New Jersey Tort Claims Act
Deadline to sue for injuries
You have 2 years from the crash to file a lawsuit for your injuries.
“every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued”
If a government vehicle or road was involved
If a state or local government vehicle or road was involved, you must file a notice of claim within 90 days of the crash before you can sue.
“You must file your claim within 90 days from the date of occurrence, incident, accident, date of discovery, or accrual date, so as not to forfeit your rights.”
How injury lawyers charge in New Jersey
Contingency fee rules
New Jersey caps contingency fees in personal injury and similar injury claims on a sliding scale that shrinks as the recovery gets bigger. A lawyer cannot charge more than a third of the first $750,000 recovered, with lower percentages above that.
“an attorney shall not contract for, charge, or collect a contingent fee in excess of the following limits: (1) 33 1/3% on the first $750,000 recovered; (2) 30% on the next $750,000 recovered; (3) 25% on the next $750,000 recovered; (4) 20% on the next $750,000”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
File a complaint against an insurance company online through the New Jersey Department of Banking and Insurance, or print the complaint form and mail or fax it in.
“Complete the online form at right and submit documentation if necessary”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.