Starting your personal injury claim: why you shouldn’t wait until after the holidays

An injured man in a neck brace meeting with a lawyer to preserve evidence and avoid insurance stall tactics by starting a personal injury claim before the holidays end.

The period between Thanksgiving and New Year’s Day is often a blur of activity. Between holiday shopping at the Westfield Garden State Plaza, family gatherings in Jersey City, and navigating the winter slush on the New Jersey Turnpike, filing a legal claim is rarely at the top of anyone’s holiday to-do list.

If you’ve been injured in an accident recently, it is tempting to say, I’ll deal with it in January. You want to focus on your family and the festivities, not on paperwork and insurance adjusters. However, at Team Law, we have seen decades of holiday seasons pass, and we know a hard truth: Waiting until after the holidays to start your personal injury claim can be a very expensive mistake.

From expiring evidence to aggressive insurance tactics, the holiday delay plays right into the hands of the parties responsible for your injury. Here is why you should contact a New Jersey personal injury lawyer now, rather than waiting for the New Year.

1. Insurance Companies Use the Holiday Stall to Their Advantage

Insurance carriers operate on fiscal calendars. As December 31st approaches, adjusters are under intense pressure to close files, meet year-end quotas, and minimize the payouts that appear on their annual reports.

When an adjuster says, Let’s revisit this in mid-January once the holidays are over, they aren’t being polite; they are being tactical. By pushing your claim into the next year, they:

Reset Their Financial Exposure: They move the potential payout into a new fiscal year.
Bet on Your Financial Stress: They know that after the holidays, many families are facing January blues and high credit card bills from holiday spending. They hope you will be more desperate for a quick (and lower) settlement in three weeks than you are today.

By starting your claim with Team Law now, you send a clear message: You are serious, you are represented, and you will not be stalled or manipulated.

2. Evidence Disappears Faster Than Holiday Decorations

In a personal injury case, evidence is everything. Whether you were involved in a car accident in Newark or a slip and fall on an icy sidewalk in Elizabeth, the scene of the accident changes rapidly.

The Weather Factor: In New Jersey, a single snowstorm or a salt truck can completely alter the physical evidence of a slip and fall. If you wait until January to document a hazardous patch of ice or a poorly maintained walkway, that evidence is gone forever.
Surveillance Footage: Many businesses and traffic cameras overwrite their digital storage every 7 to 30 days. If you wait until after the holidays to seek legal help, the video proof of the other driver running a red light may already be deleted.
Debris and Vehicle Damage: Highway cleanup crews move fast on the Garden State Parkway. Skid marks fade, and vehicle debris is cleared.

When you hire Team Law immediately, our investigators can move to preserve this evidence before the winter weather or city maintenance crews wash it away.

3. Witness Memories Fade Amidst Holiday Chaos

If there were witnesses to your accident, their best memory of the event is happening right now. The holidays are a high-stimulation time; people are traveling, meeting dozens of relatives, and focused on their own stress.

By the time mid-January rolls around, the specific details of the accident, such as the color of the light, the speed of the car, or the exact words the negligent party said, begin to blur. Our legal team prioritizes securing witness statements immediately, ensuring we have a clear, documented account of the facts before the details are lost to time.

4. The 90-Day Rule for Government Claims

While New Jersey generally provides a two-year statute of limitations for personal injury cases, there is a major exception that catches many people off guard during the holidays: The Tort Claims Notice.

If your injury involved a government entity, such as a collision with an NJ Transit bus, a slip on a poorly maintained sidewalk in front of a municipal building, or an accident caused by a pothole on a county road, you must file a formal Notice of Claim within 90 days.

If your accident happened in early autumn, waiting until after New Year’s could put you dangerously close to missing this deadline. If you miss the 90-day window, you may be permanently barred from recovering a single penny, regardless of how severe your injuries are.

5. Medical Bills Don’t Take a Holiday

Injuries are expensive. Between emergency room visits, physical therapy, and potential lost wages from being unable to work, the financial strain can mount quickly.

In New Jersey, we have no-fault insurance (PIP) for automobile -related accidents, which is supposed to cover your medical bills. However, insurance companies are notorious for denying necessary treatments or delaying payments. Starting your claim now allows Team Law to step in and handle a possible letter of protection with your doctors, ensuring that your treatment continues uninterrupted while we fight to get your bills covered.

6. The Settlement Gap Grows Wider with Time

There is a psychological element to personal injury claims. When a claim is filed immediately after an injury, it is viewed by the insurance company as an active crisis that needs to be managed. When a claim is filed months later, adjusters often argue that the injury must not have been that bad if the victim was able to wait through the holidays to take action.

By acting now, you establish the severity and urgency of your situation. This prevents the defense from using your patience against you during settlement negotiations.

7. New Jersey’s Comparative Negligence Laws

New Jersey follows a modified comparative negligence system. This means if you are found to be more than 50% at fault for your accident, you cannot recover damages.

During the holidays, defense attorneys love to argue that victims were distracted by holiday shopping or rushing to a party, and shift the blame onto the injured party. The sooner we start your case, the sooner we can build a narrative that proves the other party’s negligence, protecting your right to full compensation.

Why Choose Team Law This Holiday Season?

At Team Law, we understand that the holidays are about family. Our goal is to take the legal burden off your shoulders so you can enjoy the season. When you call us, you aren’t just getting a lawyer; you’re getting a team of 9+ attorneys with decades and decades of experience in New Jersey courts.

We Handle the Adjusters: You won’t have to take calls from insurance companies while you’re at the dinner table.
No Upfront Costs: We work on a contingency fee basis. We don’t get paid unless we win your case.
Localized Expertise: We know the courts in Union, Hudson, Middlesex, and Essex counties like the back of our hand.

Don’t Let the New Year Start with Old Stress

Your New Year’s Resolution should be about health and happiness, not fighting with insurance companies over an accident that happened weeks ago. By starting your claim today, you can enter 2026 knowing that your legal rights are being protected by the best in the business.

Ready to start? Call 1-800-TEAM-LAW or fill out our online contact form to schedule a consultation in our Clark, New Brunswick, Newark, or Jersey City office. We are here for you, even during the holidays.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.