New Jersey Personal Injury Laws
New Jersey follows a modified comparative fault system with a 51% bar. The statute of limitations for personal injury is 2 years. New Jersey is a no-fault auto insurance state with a "verbal threshold" — policyholders who choose the limitation-on-lawsuit option can only sue for pain and suffering if the injury meets one of six severity categories. Auto insurance minimums increased to 35/70/25 effective January 2026. There is no cap on compensatory damages, but punitive damages are capped at the greater of 5x compensatory or $350,000.
Last verified: 2026-02-25
Statute of Limitations
Personal injury and wrongful death actions must be filed within 2 years of accrual. The discovery rule starts the clock when the plaintiff discovered or reasonably should have discovered the injury.
Exceptions
Actions for property damage have a 6-year statute of limitations.
Wrongful death claims must be filed within 2 years of the date of death.
Claims against government entities require a 90-day notice of claim under the Tort Claims Act.
The statute of limitations is tolled for minors until they reach age 18.
Fault & Liability Rules
A plaintiff's damages are reduced by their percentage of fault. If the plaintiff is 51% or more at fault, they recover nothing.
Damage Caps
New Jersey does not cap compensatory damages (economic or non-economic) in general personal injury cases.
Punitive damages are capped at the greater of 5 times compensatory damages or $350,000. Exceptions for murder/manslaughter convictions and certain civil rights claims.
Auto Insurance System
New Jersey is a no-fault state with PIP coverage. The "verbal threshold" (limitation on lawsuit) option restricts pain-and-suffering suits unless injury meets one of six categories: death, dismemberment, loss of fetus, significant disfigurement, displaced fracture, or permanent injury. The "zero threshold" option allows suits for any injury. Minimums increased to 35/70/25 effective January 2026.
Key New Jersey Statutes
Your own policy pays medical expenses regardless of fault under the no-fault PIP system.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.
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