FOL. IVPersonal Injury
N.J.S.A. 2A:14-2 (Two-Year Statute of Limitations)
Essex County Personal Injury Lawyers — Serving Newark and All 22 Essex Municipalities
Essex County personal injury attorney — Avery & Avery Auto, premises, slip-and-fall, and wrongful-death litigation across all 23 Essex courts. (201) 94
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 ... — N.J.S.A. 2A:14-2(a). Wrongful-death actions accrue under N.J.S.A. 2A:31-3 within two years of death; the discovery rule (Lopez v. Swyer, 62 N.J. 267 (1973)) tolls accrual where the cause of action could not reasonably have been discovered earlier.
Statute text reproduced for educational reference. Verify against the official New Jersey Legislature publication before relying on any citation in legal proceedings.
Also in Personal Injury
A Former Judge. A Father-Son Trial Firm. Fifty Years of New Jersey Practice.
Personal-injury claims arising in Essex County are governed by the New Jersey verbal threshold (N.J.S.A. 39:6A-8) for auto-injury matters, the standard premises-liability framework for slip-and-fall and unsafe-condition cases, and N.J.S.A. 2A:31-1 for wrongful-death actions. The closest trauma center to most Essex fact patterns is University Hospital (Level I, 150 Bergen Street, Newark) — a frequent provider of treatment records on serious-injury cases.
Avery & Avery, Esqs. handles Essex County PI matters from intake through trial. Civil claims over $20,000 file in Essex County Superior Court — Civil Division at Wilentz Justice Complex, 212 Washington Street, Newark, NJ 07102. Below $20,000, claims file in Essex Special Civil Part.
For a free first consultation on a Essex County injury matter, call (201) 943-2445 — no fee unless we recover.
Essex County in detail. Essex County’s 22 municipalities — including Newark, East Orange, Irvington, Bloomfield, and Montclair — funnel matters through the Wilentz Justice Complex on Washington Street in Newark. Routes 21, 78, and 280 plus the Garden State Parkway feed substantial DWI and Title 39 volume into Essex municipal calendars.
Personal-injury claims arising in this county follow standard NJ thresholds — verbal threshold under N.J.S.A. 39:6A-8 for auto matters, NJ Tort Claims Act timing for public-entity defendants under N.J.S.A. 59:1-1 et seq.
Newark Municipal Court — the highest-volume municipal docket in the state — runs staggered DWI calendars; familiarity with the specific morning session matters.
Essex PI Practice Areas
Auto Accidents
NJ verbal threshold (N.J.S.A. 39:6A-8) governs whether the plaintiff elected the lawsuit-limitation option at policy purchase (most NJ drivers default to the limitation). Cases meeting the verbal threshold proceed to settlement or trial; below-threshold matters are limited to PIP recovery.
Coverage gaps, UM/UIM stacking, DiProspero v. Penn, 183 N.J. 477 (2005) — these are the recurring intake issues in Essex auto-PI matters.
Premises Liability / Slip-and-Fall
Essex retail, commercial, and residential premises-liability matters follow Hopkins v. Fox & Lazo Realtors-line analysis: notice, foreseeability, reasonable inspection. Most Essex slip-and-fall matters arise from supermarket spills, sidewalk defects, and retail parking-lot ice/snow.
Wrongful Death
N.J.S.A. 2A:31-1 et seq. governs NJ wrongful-death actions; the companion Survival Action under N.J.S.A. 2A:15-3 runs parallel. Distribution to surviving family follows the Wrongful Death Act schedule.
Construction Site / Workers’ Compensation Coordination
Essex construction-injury cases frequently present a parallel Workers’ Compensation claim (N.J.S.A. 34:15-1 et seq.) plus a third-party PI claim against non-employer contractors. The interplay — Section 40 lien, deferred disposition — is a routine intake issue.
Statute of Limitations
- NJ PI: 2 years from accrual under N.J.S.A. 2A:14-2
- NJ Wrongful Death: 2 years from death under N.J.S.A. 2A:31-3
- NJ Tort Claims (public entity): 90-day notice under N.J.S.A. 59:8-8; 2-year suit window under N.J.S.A. 59:8-3
The 90-day Tort Claims notice is the most-missed PI deadline in NJ. Essex fact patterns involving NJ Transit, county / municipal roads, or public buildings trigger Tort Claims procedure.
Where Essex PI Cases Are Heard
Essex County Superior Court — Civil Division
Claims over $20,000 file at Wilentz Justice Complex, 212 Washington Street, Newark, NJ 07102 ((973) 776-9300). Essex Vicinage (Vicinage 04) runs the civil calendar.
Essex Special Civil Part
Claims at $20,000 or below route to the Essex Special Civil Part — same courthouse, expedited procedure.
Federal Court (Newark)
Diversity-of-citizenship PI matters with $75,000+ stakes file in U.S. District Court for the District of New Jersey at the Newark courthouse.
Why Avery & Avery for Essex County PI
- Fifty years of NJ trial practice. Robert (since 1976) and John (since 2012) cover the full PI docket from intake through verdict
- Federal-court track record. Reported case Delvoye v. Lee (3d Cir. 2003) establishes the firm’s federal-court depth
- No fee unless recovery on contingency-eligible PI matters (per fee-agreement schedule)
Schedule a Free Essex County Injury Consultation
Prior results do not guarantee a similar outcome.
Call (201) 943-2445 or submit through the form.
See also: Essex County Lawyer, Personal Injury Practice.
Frequently asked questions
General educational answers. Every matter has facts that change the analysis — for advice on your situation, call the firm.
How long do I have to file a personal injury claim in New Jersey?
Two years from the date of the injury under N.J.S.A. 2A:14-2 for most negligence claims. Wrongful death claims have a separate two-year limit (N.J.S.A. 2A:31-3). Claims against public entities have additional notice requirements under the Tort Claims Act (N.J.S.A. 59:8-8) — written notice within 90 days of accrual. Missed deadlines are usually fatal.
How does no-fee-unless-we-win work?
Like most New Jersey personal-injury firms, we work on a contingent-fee basis governed by R. 1:21-7. The fee is calculated as a sliding-scale percentage of the gross recovery (33⅓% on the first $750,000, smaller percentages on larger amounts). If there is no recovery, there is no fee. Out-of-pocket case costs (filing fees, expert reports, medical records) are typically advanced by the firm and reimbursed from the recovery.
What is comparative negligence?
Under New Jersey's modified comparative negligence rule (N.J.S.A. 2A:15-5.1), a plaintiff who is no more than 50% at fault may still recover damages, reduced by the plaintiff's percentage of fault. A plaintiff who is more than 50% at fault recovers nothing. The jury (or judge) apportions fault among all responsible parties.
My auto-insurance policy says "limitation on lawsuit" — what does that mean?
Most New Jersey auto policies are sold with the "limitation on lawsuit" (verbal threshold) option (N.J.S.A. 39:6A-8(a)), under which a plaintiff may recover non-economic damages only if the injury fits one of six statutory categories — including permanent injury within a reasonable degree of medical probability. Pursuing non-economic damages under the verbal threshold also requires filing a physician's certification, supported by objective clinical evidence, within 60 days of the defendant's answer. The "no limitation" option preserves full lawsuit rights at higher premium.
Do you handle slip-and-fall claims?
Yes — premises-liability is one of our core sub-practices. New Jersey applies a duty-of-care framework that varies by the visitor's status (invitee/licensee/trespasser). Commercial premises owe business invitees a duty of reasonable care including reasonable inspection (Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993)).