How Long A Motorcycle Accident Lawsuit Takes in NJ

Although New Jersey law guarantees your right to file a lawsuit following a motorbike crash, 73% of the victims underestimate the amount of time it takes to obtain justice. Based on NJ Courts Data, the average lawsuit involving a motor vehicle accident spans 18 to 36 months, with the more complicated cases taking longer. How Long A Motorcycle Accident Lawsuit Takes in NJ?
This guide will inform you about the processes that occur during a lawsuit, elements that can expedite or retard the process, and the important laws of New Jersey that protect your rights.
New Jersey’s Legal Framework
In contrast to motorbikes, they are not subject to New Jersey’s No-Fault personal injury Protection system. This means that motorcycle riders are able to sue for any injuries, medical bills, the pain and suffering of lost wages, with no restrictions. The most important legal guidelines are:
- Statute of Limitations:
The plaintiff is allowed to file a lawsuit for 2 years from the date of the accident to bring an action. If you miss this deadline, it can invalidate your case. - Modified Comparative Fault:
You may be able to recover costs if your fault is 50 percent, but the compensation will be reduced by your percentage of fault.
The Personal Injury Lawyers in Linden, NJ, are here to seek your justice with their skills!
The Lawsuit Timeline
1. Pre-Lawsuit Investigation (1-6 Months)
This is about collecting evidence
- Dashcam footage, police reports, and witness statements.
- Medical treatment is being completed to assess the extent of the injury.
- A lawyer can help you assess the strength of your case.
Tip: Delays happen if medical rehabilitation is ongoing since insurance companies require a definitive prognosis.
2. Filing & Pleadings (2-4 Months)
- The attorney for your client files a complaint with NJ Superior Court detailing the damages and liabilities.
- The defendant (driver, company, etc.) responds, often denying fault.
Delay Risk: Slow response or multiple defendants prolong this stage.
3. Discovery (6-18 Months)
Both sides exchange evidence:
- Depositions (sworn testimony).
- Document request (medical records repairs bills).
- Experts assist in the reconstruction of accidents in cases of dispute.
NJ Note: Courts in urban areas such as Essex County face longer discovery because of the volume of cases.
4. Mediation/Settlement Talks (1-3 Months)
NJ courts have a requirement for mediation in order to keep trials out of the way. Most cases are settled in this court, with settlements for minor injuries running between $15,000 and $50,000 and cases that are more serious reaching $100,000 to $1M plus.
5. Trial (If No Settlement) (3-12 Months)
If mediation is unsuccessful, the case will go to trial. NJ delays in court, specifically in counties with urban populations like Hudson or Passaic, delay trials by up to 24 months. Trials are based on:
- Selection of jurors and witnesses testimony.
- Reports by experts (e.g., crash analysts).
Delay Risk: Backlogs from COVID-19 persist in the busy counties.
6. Appeals (6+ Months)
Appeals are extremely rare (8% of the cases), but they can significantly increase the delay if the defendant contests the decision.
The Personal Injury Lawyers in Roselle, NJ, can help you with your motorcycle accident lawsuits!
Factors That Accelerate or Delay Your Case
Speeds Up Process
- Clear Liability:
Cases like a drunk driver rear-ending you resolve faster (e.g., 8–12 months). - Quick Medical Recovery:
Finalized treatment allows earlier settlement talks. - Early Settlement Offers:
Insurers may settle minor claims quickly to avoid litigation.
Slows Down Process
- Disputed Fault:
“He said/she said” scenarios require extensive discovery. - Severe Injuries:
Waiting for a final prognosis delays negotiations. - Multiple Defendants:
Suing a driver and, say, a parts manufacturer complicates cases. - Court Backlog:
Urban NJ counties (Camden, Newark) face delays of 2+ years.
The NJ Personal Injury Lawyers are here to help you settle your case!
Settlement vs. Trial: Time & Risk Tradeoffs
Path | Avg. Duration | Pros | Cons |
Settlement | 8–14 months | Faster payout, predictable | Lower compensation |
Trial | 24–36 months | Higher potential award | Lengthy, costly, unpredictable |
How to Avoid Unnecessary Delays
- Preserve Evidence Immediately:
Save dashcam footage, collect witness contacts, and secure the police report. - Complete Medical Treatment:
Don’t negotiate until you reach maximum medical improvement. - Choose an Experienced NJ Lawyer:
CourtLaw expertise navigates court nuances and speeds up filings. - Avoid Social Media:
Defense attorneys scour posts for “proof” you’re not injured (e.g., vacation photos).
The Final Verdict
How Long A Motorcycle Accident Lawsuit Takes in NJ? Patience must be employed throughout the procedure of a New Jersey motorcycle accident lawsuit, but with a proper plan, the time may be shorter. Begin working on your case now and ensure you document as much information as you can, seek medical care first, and work with an experienced NJ motorcycle attorney to avoid pushing back the timeframe on the compensation you receive.The highly skilled lawyers at CourtLaw represent victims of motorcycle accidents in Perth Amboy, Roselle, Paterson, Jersey City, and across New Jersey. Contact us at (732) 442-5900 or use our online form to schedule a no-cost consultation on your matter. Our office is situated at 163 Market St., Perth Amboy, NJ 08861, and office locations in New Brunswick, Roselle, East Orange, Jersey City, Elizabeth, Linden, Newark, Paterson, South Amboy, Trenton!