Compare(0) firms picked
Guide · Car accidents · All states

How a car accident lawsuit works

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

Most lawsuits never reach a trial.

  • In 2005, trials were about 3% of the civil cases state courts closed, the Bureau of Justice Statistics found.
  • In New Jersey, a lawsuit starts with a complaint, then discovery, and often mediation or arbitration.
  • A standard auto policy limits who can sue for pain and suffering.

Checked October 18, 2026.

Sources: Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005 (October 2008, NCJ 223851); New Jersey Courts, How to File a Complaint in the Superior Court of New Jersey, Law Division, Civil Part (CN 10553, revised August 15, 2022); N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b). Every fact cites a source

Illustration: a closed folder, a key and reading glasses on a desk under a lamp, a quiet street outside at dusk

Most lawsuits end before a trial

Among state courts that reported totals in 2005, trials were about 3% of the injury, contract and property cases they closed, the Bureau of Justice Statistics found. Motor vehicle accident cases were over a third of the trials.

Car crash trials, 200564.3% won by the person suing

Of the motor vehicle accident trials in state courts that year.

What winners were awardedMedian $15,000

And 40% of the winners were awarded $10,000 or less.

A trial award comes after a jury or judge decides, and only people who won get one. These are national numbers, not a value for anyone's claim.

Source: Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005 (October 2008, NCJ 223851)

NJHow a lawsuit runs in New Jersey

These steps come from the New Jersey courts' own guide to filing in the Superior Court. Auto negligence is one of the kinds of case it names.

  1. The complaintThe lawsuit starts with a complaint and a case information statement, filed with the court.
  2. The answerThe person sued must answer within 35 days after being served. The case goes on one of 4 tracks, which set how long discovery runs.
  3. DiscoveryBoth sides exchange information about the case.
  4. Mediation or arbitrationBefore a trial, a case may be sent to either. An arbitrator's recommendation can be accepted or rejected.
  5. The trialBefore a judge alone, or a judge and a jury. A civil jury is usually 6 people.
  6. An appealA notice of appeal is due within 45 days after the final judgment.
Source: New Jersey Courts, How to File a Complaint in the Superior Court of New Jersey, Law Division, Civil Part (CN 10553, revised August 15, 2022)

NJWhat you can sue for in New Jersey

New Jersey's auto insurance law decides much of what a car accident lawsuit can ask for.

NJMedical bills: your own PIP pays first

Whoever caused the crash, up to $250,000 unless a lower amount was chosen in writing.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g)
NJLosses PIP doesn't cover

Medical bills past your PIP limits and lost income can be claimed from the person at fault.

Source: N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)
NJPain and suffering: the lawsuit limit

Unless a driver chose otherwise in writing, their policy allows it only after certain injuries, like a displaced fracture or a permanent injury.

Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
NJYour share of the fault

It cuts what you recover. Above 50%, you recover nothing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
NJThe other driver's coverage

The minimum is $35,000 per person for injuries, on policies issued or renewed from January 1, 2026. Basic policies are an exception.

Source: P.L.2022, c.87 (N.J.S.A. 39:6A-3); N.J.S.A. 39:6A-3.1

NJThe deadlines in New Jersey

  1. Sue for an injury, in generalN.J.S.A. 2A:14-2(a)Within 2 years
  2. A claim against a public entity, like a town's driverN.J.S.A. 59:8-8Notice within 90 days after the claim arises
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

How does a car accident lawsuit work?

In New Jersey, it starts with a complaint filed with the court. The person sued must answer within 35 days after being served. Then both sides exchange information in discovery. A case may go to mediation or arbitration, and if those don't resolve it, a judge or jury hears the trial.

Do most car accident lawsuits go to trial?

No. Among state courts that reported totals in 2005, trials were about 3% of the injury, contract and property cases they closed, the Bureau of Justice Statistics found.

How long does a car accident lawsuit take?

In state courts in 2005, civil jury trials took 27 months on average from filing to verdict, and bench trials 21. More than half of jury trials ended within two years of filing.

What do car accident lawsuits pay at trial?

In state court trials in 2005, people who won motor vehicle accident cases got a median award of $15,000. 40% of them were awarded $10,000 or less. It isn't a value for anyone's claim.

Can I sue for pain and suffering after a car accident in New Jersey?

Unless the driver chose otherwise in writing, a New Jersey policy allows it only after certain injuries, like a displaced fracture or a permanent injury. Medical bills past your PIP limits can be claimed either way.

How long do I have to file a car accident lawsuit in New Jersey?

Generally 2 years. A claim against a public entity needs written notice within 90 days after the claim arises.

More on car accidents

Next stepsA guide, not a lawyer