New Jersey law
Personal Injury Laws in New Jersey.
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
State law
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.
State law
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.
State law
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.
State law
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.
State law
Key New Jersey Statutes
Your own policy pays medical expenses regardless of fault under the no-fault PIP system.
State law
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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