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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
Over $150 Million Recovered
Reviewed for legal accuracy by NJ attorneys handling workers’ comp claims under N.J.S.A. 34:15-1 et seq.
Written by
Michael J. Epstein
Edited by
Aron Solomon
Last Updated: April 2026 — Updated to reflect current New Jersey personal injury statutes and filing deadlines
The articles published on this platform have been thoroughly checked and reviewed for accuracy and reliability. However, while every effort is made to ensure the information is up-to-date and credible, we encourage readers to verify the details independently.
At Epstein Law Firm, we are committed to delivering exceptional legal representation that creates meaningful results for our clients. Guided by an unwavering pursuit of justice and a genuine dedication to serving those in need, our seasoned attorneys are prepared to stand by your side and advocate for your rights.
After a serious injury in New Jersey, three rules shape everything: you generally have two years to file a lawsuit, your recovery shrinks — or disappears — if you were more than half at fault, and car accident cases run through the state’s no-fault insurance system first. Knowing these rules early changes the decisions you make in the first days after an injury.
At The Epstein Law Firm, our personal injury attorneys represent people hurt in car and truck crashes, slip and falls, dog attacks, and other serious accidents across New Jersey. We have recovered millions for injured clients — including a $13.5 million catastrophic injury recovery — and we prepare every case for trial. Call 201-231-7847 for a free consultation.
The Epstein Law Firm
New Jersey personal injury legal help
The Epstein Law Firm can review your personal injury claim and explain the evidence, deadlines, and next steps that may apply.
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You may have a claim if:
If the injury was serious and someone else is at fault, the value of acting early — medically and legally — cannot be overstated.
New Jersey is a “choice no-fault” state. After a car crash, your own Personal Injury Protection (PIP) coverage pays your medical bills first — regardless of who caused the accident. That gets treatment covered quickly, but PIP does not pay for pain and suffering.
To step outside the no-fault system and sue the at-fault driver for pain and suffering, most drivers must satisfy the “limitation on lawsuit” option — often called the verbal threshold — under N.J.S.A. 39:6A-8. Unless you elected the “no limitation” option on your policy, you can recover non-economic damages only if your injury falls into one of six statutory categories: death, dismemberment, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury (other than scarring or disfigurement) certified by a physician under penalty of perjury. Which option you selected on your policy matters enormously — and it is one of the first things we check. The statute: NJ Legislature — N.J.S.A. 39:6A-8 (AICRA bill text).
Two years to file suit. Under N.J.S.A. 2A:14-2, most New Jersey personal injury lawsuits — car crashes, falls, dog bites — must be filed within two years of the injury. Miss it, and the court will dismiss your case no matter how strong the facts.
Ninety days’ notice for public entities. If your injury involved a government defendant — a municipal vehicle, a county bus, a dangerous condition on public property — the New Jersey Tort Claims Act requires you to serve a formal notice of claim within 90 days of the incident under N.J.S.A. 59:8-8, before any lawsuit. Ninety days passes fast when you are recovering from surgery. If there is any chance a public entity is involved, call a lawyer immediately. The statute: NJ Legislature — N.J.S.A. 59:8-8 notice requirements.
New Jersey follows modified comparative negligence under N.J.S.A. 2A:15-5.1. If you were partly at fault, your damages are reduced by your percentage of fault — a $200,000 verdict becomes $150,000 if you were 25% responsible. But if your fault was greater than the defendant’s — more than 50% — you recover nothing at all.
This is why the insurance company works so hard to pin blame on you: every percentage point of fault they shift is money out of your pocket, and pushing you past 50% wipes out the claim entirely. Fault is decided by evidence — police reports, witnesses, video, expert reconstruction — not by the adjuster’s opinion. Early investigation protects your share. Background: Cornell Legal Information Institute — comparative negligence.
A New Jersey personal injury claim can seek both economic and non-economic damages:
New Jersey does not cap compensatory damages in personal injury cases. The real question is proof: documenting the full arc of your injuries — what treatment you will need years from now, what work you can no longer do — with medical and economic experts. That documentation is where experienced counsel earns its fee. See Cornell Legal Information Institute — negligence.
The steps you take in the first days protect both your health and your claim:
The at-fault driver’s insurer is a business, and its business is paying you as little as possible. Expect a quick, lowball settlement offer before you know the full extent of your injuries; requests for recorded statements designed to elicit damaging admissions; delays and “lost” paperwork; and arguments that your injuries were pre-existing or your treatment excessive.
Once you have counsel, the dynamic changes: the insurer must deal with your attorney, the lowball tactics stop, and every communication is measured against what a jury might award. Our firm handles all insurer contact from day one, so you can focus on getting better.
The Epstein Law Firm can review the evidence, insurance issues, and next steps that may matter in your personal injury claim.
Selected case results obtained by The Epstein Law Firm:
View all verdicts and settlements →
Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
“Professional, knowledgeable, friendly; Michael Epstein is that and then some. Having been the victim of an accident that left a lasting injury, I turned to a friend to recommend an attorney. He did not hesitate to recommend Michael and his firm. Michael made me feel very comfortable through his friendly nature.” — D, Google review
“The Epstein Law firm is hands down the best I have ever dealt with. Their professionalism and attention to detail went above and beyond. Thank you to Michael and his amazing team.” — Victoria, Google review
“We have nothing but good things to say about Michael Epstein and his firm. He was able to personally handle our case and get us a maximum settlement in months rather than years.” — Raymond, Google review
These answers are general information about personal injury claims in New Jersey — not legal advice. Deadlines and rules depend on your specific facts.
Two years in most cases. Under N.J.S.A. 2A:14-2, lawsuits for injury caused by another’s wrongful act, neglect, or default must be filed within two years after the claim accrues — generally the date of the accident. This covers car crashes, slip and falls, dog bites, and most other injury claims.
There are exceptions — for minors, for injuries discovered later, and above all for claims against public entities, which carry a 90-day notice requirement — but the default is two years, and courts enforce it strictly. If you miss the deadline, your case will be dismissed regardless of its merits. Get the applicable deadline confirmed early.
Sources: Cornell Legal Information Institute — negligence; The Epstein Law Firm — personal injury practice.
Different, much shorter rules apply. Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, you must serve a formal written notice of claim on the public entity within 90 days of the incident — before you can file any lawsuit. This covers municipal and county vehicles, public buses, dangerous conditions on public sidewalks and buildings, and injuries at public schools.
Ninety days runs fast, especially while you are treating. If you miss it, you generally need a court order granting leave to file a late notice — available only within one year and only for extraordinary reasons — or your claim is barred. If a public entity might be involved, contact a lawyer immediately.
Sources: NJ Legislature — N.J.S.A. 59:8-8 notice requirements; NJ Law Revision Commission — Tort Claims Act memorandum.
Yes — up to a point. New Jersey’s modified comparative negligence rule (N.J.S.A. 2A:15-5.1) reduces your damages by your percentage of fault: if you were 25% responsible for a crash, a $200,000 award becomes $150,000. But if your fault was greater than the defendant’s — more than 50% — you are barred from recovering anything.
Because of that 50% cliff, insurers fight hard to shift blame onto you — arguing you were speeding, distracted, or not watching where you walked. Fault is decided on evidence, not the adjuster’s say-so, which is why early investigation with police reports, witnesses, and video matters so much.
Sources: Cornell Legal Information Institute — comparative negligence; The Epstein Law Firm — personal injury practice.
Your own Personal Injury Protection (PIP) coverage pays your medical bills first, regardless of who caused the crash — that is the “no-fault” part. PIP gets treatment covered quickly without waiting for a liability fight. It does not cover pain and suffering or other non-economic losses.
To recover those additional damages from the at-fault driver, you must step outside the no-fault system — which, for most policyholders, means satisfying the verbal threshold (limitation-on-lawsuit) described above, unless you elected the no-limitation option. Your PIP choices and your lawsuit option are separate elections on your auto policy; we review both at the outset of every car accident case.
Sources: NJ Legislature — N.J.S.A. 39:6A-8 (AICRA bill text); Cornell Legal Information Institute — negligence.
The verbal threshold — formally the “limitation on lawsuit” option under N.J.S.A. 39:6A-8 — is the default choice on most New Jersey auto policies. If it applies to you, you can sue the at-fault driver for pain, suffering, and other non-economic losses only if your injury meets one of six statutory categories: death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury certified by a physician under penalty of perjury.
Soft-tissue injuries that heal fully often do not clear the threshold — which is exactly why the insurance industry lobbied for it. If you elected the “no limitation on lawsuit” option instead, the threshold does not apply to you. Either way, the election is on your policy’s declarations page, and it is one of the first things your attorney should verify.
Sources: NJ Legislature — N.J.S.A. 39:6A-8 (AICRA bill text); The Epstein Law Firm — personal injury practice.
Economic damages cover your financial losses: past and future medical bills, lost wages, diminished earning capacity, and property damage. Non-economic damages cover the human cost: pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement. In fatal cases, the family may bring a wrongful death claim for its own losses.
New Jersey does not cap compensatory damages in personal injury cases — the limit is what you can prove. That proof is the work: medical experts to project future care, economists to value lost earning capacity, and careful documentation of how the injury changed your daily life. Thorough preparation is what separates full-value recoveries from discounted ones.
Sources: Cornell Legal Information Institute — negligence; Cornell Legal Information Institute — wrongful death.
Not without legal advice — especially to the other driver’s insurer. Recorded statements are designed to lock you into early, incomplete accounts of the accident and your injuries, and adjusters are trained to ask questions that shift fault onto you or minimize your injuries. Casual remarks like “I’m feeling okay” can be used against you for months.
You do have obligations to your own insurer under your policy, but even those communications are safer with counsel guiding them. Once you hire us, all insurer contact goes through our office. It costs nothing to make that call before you say anything on the record.
Sources: Cornell Legal Information Institute — negligence; The Epstein Law Firm — contact our office.
Yes — through a wrongful death claim. In New Jersey, the personal representative of the deceased’s estate brings the action for the benefit of surviving family members, seeking compensation for losses such as the financial support, services, and guidance the deceased would have provided, along with funeral expenses in some circumstances.
Wrongful death claims carry the same two-year filing deadline as other injury claims, and the same 90-day notice rule if a public entity is involved — so the family should seek counsel promptly even while grieving. These cases demand both sensitivity and rigorous economic proof of the family’s lifetime losses.
Sources: Cornell Legal Information Institute — wrongful death; Cornell Legal Information Institute — negligence.
Nothing up front. Our firm handles personal injury cases on a contingency-fee basis: the consultation is free, we advance the costs of building your case, and our fee is a percentage of the recovery — if there is no recovery, you owe no attorney’s fee. The percentage is set out in a written agreement before you sign.
This structure means anyone can afford experienced counsel, and it aligns our interests with yours: we do best when you do best. During your free consultation we will explain the fee arrangement plainly and answer any questions before you commit to anything.
Sources: Cornell Legal Information Institute — contingent fee; The Epstein Law Firm — contact our office.
It depends on the injury and the posture of the insurer. Straightforward cases with clear liability and completed treatment can settle in months; serious cases involving surgery, permanent injury, or disputed fault often take a year or more — and filing a lawsuit extends the timeline further while increasing the pressure to settle fairly.
One timing rule matters more than impatience: never settle before your doctors understand the full extent of your injuries and future needs. A fast settlement for an injury that later requires surgery leaves that cost on you permanently. We move every case as quickly as thorough preparation allows — and we will tell you honestly what to expect at the outset.
Tell The Epstein Law Firm what happened and get clear guidance about your injury claim and legal options.
90%
Of injuries are considered preventable by safety experts
173,000+
Deaths annually from preventable injuries
HUMAN ERROR=
Leading cause across transportation, workplace, and medical settings
1 in 5
People seek medical care for an injury each year
Falls
#1 cause of injury-related ER visits
The Epstein Law Firm serves clients from three New Jersey locations:
Call for a free consultation.
$31,000,000
$13,585,000
*Results may vary depending on your particular facts and legal circumstances. *No aspect of the advertisement has been approved by the Supreme Court. View Rating Methodology
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The Epstein Law Firm
The Epstein Law Firm