Car accidents can be stressful, and if you're involved in one in New Jersey, you might be wondering how long litigation takes. The timeline for a car accident lawsuit varies based on several factors including the complexity of the case, the willingness of both parties to settle and the court's schedule.
These considerations can help you prepare for what's ahead and ensure you receive fair compensation for your injuries, property damage and other related losses.

What to Expect from the Litigation Process in New Jersey
Litigation refers to the process of taking a dispute to court. In New Jersey, if you're injured in a car accident and cannot reach a settlement with the insurance company, you might have to file a lawsuit. This involves specific steps, including filing a complaint, going through discovery and possibly going to trial.
In New Jersey, the statute of limitations for filing a personal injury lawsuit resulting from a car accident is two years from the date of the accident. This deadline is established under New Jersey Statutes Annotated (N.J.S.A.) 2A:14-2. Failing to file within this period typically results in losing the right to pursue legal action.
On average, car accident cases in New Jersey can resolve anywhere from six months to several years depending on the complexity of your case and the willingness of the parties to negotiate.
What Are the Stages of Car Accident Litigation in NJ?
Litigation is the process of taking legal action to resolve a dispute. In the context of a car accident, it typically involves filing a lawsuit to seek compensation for damages like medical expenses, lost wages, and pain and suffering. Here's a step-by-step overview of what the litigation process looks like in New Jersey:
1. Filing the Lawsuit
The first step in litigation is filing a complaint against the at-fault party. In New Jersey, the statute of limitations for filing a personal injury lawsuit from a car accident is generally two years from the date of the accident.
Once the lawsuit is filed, the defendant must be served with the legal documents, usually within a few weeks. This formal notification ensures the defendant is aware of the legal action.
2. The Discovery Phase
After the initial filing, both parties engage in the discovery process, where they exchange evidence, take depositions and gather expert testimonies. This stage can take anywhere from six months to a year or more, depending on the complexity of the case and the number of involved parties.
The purpose of discovery is to allow both sides to fully understand the evidence and arguments, promoting a fair trial.
3. Settlement Negotiations
Many car accident cases settle before going to trial. Settlement negotiations can happen at any point, even before a lawsuit is filed. Insurance companies often try to resolve cases quickly to avoid lengthy court battles.
If both parties reach an agreement, litigation can end within a few months. If a settlement is not reached, the case moves forward. A fair settlement can save time, money and stress for all parties involved.
4. Pre-Trial Motions and Mediation
Before a trial, attorneys may file motions to dismiss certain claims or resolve legal disputes. Courts often require mediation or arbitration to encourage settlements. This phase can take several months to a year, depending on how cooperative the parties are.
Mediation involves a neutral third party who helps facilitate a resolution, potentially avoiding the need for a full trial.
5. The Trial Process
If the case goes to trial, it can last from a few days to several weeks, depending on the evidence and witnesses involved. However, scheduling a trial date in New Jersey courts may take one to two years due to backlog and court availability.
The trial involves presenting evidence, cross-examining witnesses and making legal arguments, ultimately leading to a jury verdict or judge's decision.
6. Appeals (If Applicable)
If one party is unhappy with the trial verdict, they may file an appeal. The appeals process can add several months to a few years to the case timeline. Appeals involve reviewing the trial court's proceedings for legal errors, and the higher court may uphold, reverse or modify the original decision. This additional review ensures that justice is properly served.
How to Speed Up the Litigation Process?
To ensure a smooth and efficient litigation process, it's crucial to hire an experienced NJ injury attorney, such as from Rosengard Law Group, serving New Jersey from their office at 496 Kings Highway North Suite 220B, Cherry Hill, NJ, 08034 who can negotiate with insurance companies and handle court proceedings. Gathering strong evidence early on — including police reports, medical records and witness statements — can prevent delays in discovery.
Also, responding immediately to legal requests and staying proactive can help keep the case moving, preventing unnecessary delays and ensuring a timely resolution.

What Are the Factors That Affect Litigation Length
The timeline for car accident litigation in New Jersey can vary widely based on several factors including the complexity of the case, willingness to settle, court scheduling delays and medical treatment duration. Cases with multiple vehicles, severe injuries or unclear liability take longer to resolve, especially if expert witnesses are needed.
If the at-fault driver's insurance company refuses to offer fair compensation, the case may go to court, and New Jersey's crowded court schedules can cause further delays. Furthermore, if you are still receiving medical treatment, your attorney may delay litigation until the full extent of your injuries is known to ensure all damages are accounted for in the lawsuit.
Conclusion
Litigation for a car accident in NJ can be a lengthy and complex process. Understanding the factors that affect the timeline and working with an experienced NJ injury attorney can help you deal with the process and receive fair compensation for your injuries. While the average timeline for litigation in NJ is one to three years, it's essential to be patient and focused on achieving a successful outcome.