New Jersey Personal Injury Law Resources

New Jersey is a choice no-fault auto insurance state with a two-year statute of limitations, modified comparative fault with a 51% bar, and no caps on compensatory damages in general personal injury cases. The state's complex auto insurance system requires drivers to choose between "Limitation on Lawsuit" (verbal threshold) and "No Limitation on Lawsuit" (zero threshold) tort options, which directly determines whether an injured person can sue for pain and suffering. Auto insurance minimums increased significantly in 2023 and again on January 1, 2026 to 35/70/25 the final phase of a two-step increase from the prior 15/30/5 minimums that had been in place for nearly 50 years.

Statute of Limitations

General Personal Injury TWO Years

New Jersey provides a two-year statute of limitations for most personal injury claims under N.J. Stat. § 2A:14-2(a). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death. If death results from murder, aggravated manslaughter, or manslaughter, there is no time limit.

Medical malpractice: Two years from the date of the alleged act or omission, or from the date of discovery.

Property damage: Six years.

Defamation (libel/slander): One year.

Government Claims 90-Day Notice

Claims against a public entity require a Tort Claims Notice filed within 90 days of the accrual of the claim under the New Jersey Tort Claims Act (N.J. Stat. § 59:8-8). This is one of the shortest government notice deadlines in the nation. Late notice may be permitted up to one year in extraordinary circumstances, but courts apply this exception narrowly.

Tolling

The statute is tolled for minors (until age 18) and for persons with mental incapacity. The discovery rule applies when the injury was not immediately apparent.

Modified Comparative Fault (51% Bar)

New Jersey follows a modified comparative fault rule under N.J. Stat. § 2A:15-5.2. A plaintiff who is 51% or more at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

New Jersey also applies joint and several liability with some modifications defendants who are 60% or more at fault are jointly and severally liable, while those less than 60% at fault are severally liable only.

Damage Caps

No General Personal Injury Caps

New Jersey imposes no caps on economic or non-economic damages in general personal injury cases, including auto accidents, premises liability, product liability, medical malpractice, or wrongful death.

Punitive Damages 5x Compensatory or $350,000

Under the Punitive Damages Act (N.J. Stat. § 2A:15-5.14), punitive damages are capped at the greater of five times compensatory damages or $350,000. Punitive damages require proof by clear and convincing evidence that the defendant acted with actual malice or wanton and willful disregard of the rights of others.

Government Liability

Under the New Jersey Tort Claims Act, government entities have significant immunities and limitations on liability, including caps on damages in certain circumstances.

Auto Insurance Requirements

Choice No-Fault System

New Jersey is a choice no-fault state. Drivers must choose between two tort options when purchasing auto insurance:

No Limitation on Lawsuit (Zero Threshold): Allows the policyholder to sue for pain and suffering for any injury, regardless of severity. This option costs more in premiums but preserves full legal rights.

Limitation on Lawsuit (Verbal Threshold): Restricts lawsuits for pain and suffering to cases involving permanent injury including loss of a body part, significant disfigurement, permanent scarring, a displaced fracture, loss of a fetus, or death. A physician must certify the permanency of the injury. This option is cheaper but significantly limits legal rights.

Mandatory PIP Coverage

All New Jersey drivers must carry Personal Injury Protection (PIP) coverage, which pays medical expenses and lost wages regardless of fault. Standard PIP minimums are $15,000 per person / $30,000 per accident, though coverage up to $250,000 is available and strongly recommended.

Liability Minimums 35/70/25 (Effective January 1, 2026)

The two-phase increase under P.L. 2022, c.87:

Phase 1 (January 1, 2023): 25/50/25 Phase 2 (January 1, 2026): 35/70/25

• $35,000 per person for bodily injury
• $70,000 per accident for bodily injury
• $25,000 per accident for property damage

Prior to 2023, minimums were just 15/30/5 among the lowest in the nation.

Mandatory UM/UIM Coverage

Uninsured/Underinsured Motorist (UM/UIM) coverage is required at the same minimums as bodily injury liability coverage.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in New Jersey are filed in Superior Court, Law Division, the state's trial court of general jurisdiction. New Jersey has 21 counties, each with a Superior Court vicinage. Special Civil Part handles cases up to $20,000. Small Claims Section handles cases up to $5,000 ($3,000 for certain consumer claims).

Essex County (Newark), Bergen County, Middlesex County, Hudson County (Jersey City), and Monmouth County handle some of the highest volumes of personal injury litigation in the state. New Jersey juries have historically produced significant personal injury verdicts, particularly in medical malpractice and product liability cases.

Common Types of Personal Injury Cases in New Jersey

New Jersey's dense population, extensive highway network, pharmaceutical and chemical industry presence, complex insurance system, and proximity to New York City generate extremely high volumes of personal injury litigation. Common case types include motor vehicle accidents (particularly on the New Jersey Turnpike, Garden State Parkway, I-78, I-80, and I-295), commercial truck accidents, pedestrian and bicycle accidents (particularly in urban areas), premises liability (including casino injuries in Atlantic City), medical malpractice, product liability (New Jersey is home to many pharmaceutical and consumer product manufacturers), wrongful death, construction accidents, workplace injuries, toxic tort and environmental exposure claims (Superfund sites and industrial contamination), dog bites (New Jersey imposes strict liability under N.J. Stat. § 4:19-16), rideshare accidents, mass transit injuries (NJ Transit), nursing home abuse and neglect, and lead paint exposure claims.

This page provides general legal information about New Jersey personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in New Jersey to discuss the specific facts of your case.