New Jersey Injury Claim Rules

Rules cited to New Jersey’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.N.J. Stat. § 2A:15-5.1
Filing deadline2 yearsFrom the date of the injury.N.J. Stat. § 2A:14-2
Minimum insurance35/70/25Per person, per crash, property. New Jersey is a choice no-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in New Jersey: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

New Jersey is a choice no-fault state, so car crash claims start with your own PIP coverage. 51% bar decides how fault affects everything else.

New Jersey injury claim rules

Fault. New Jersey uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. New Jersey is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $15,000, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need a permanent injury, displaced fracture, significant disfigurement or scarring, loss of a fetus, or death. This applies to drivers with the “limitation on lawsuit” option. With the “no limitation” option you can sue for any injury. Liability minimums are 35/70/25.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners are strictly liable for bites in public places or to people lawfully on private property, even if the dog never bit before.

New Jersey injury claim questions

Can I still get a settlement in New Jersey if I was partly at fault?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

How long do I have to file a personal injury lawsuit in New Jersey?

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does New Jersey cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.