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NJ
★ US · Northeast

Personal injury in
New Jersey.

By Reviewed by Abd Shanti, Founder7 min read

New Jersey applies modified-51 comparative fault with the Verbal Threshold restricting non-economic tort recovery in motor cases to specified serious-injury categories.

New Jersey operates modified-51 comparative negligence. The state's no-fault auto scheme uses the Verbal Threshold under N.J.S.A. § 39:6A-8, drivers who select the threshold (the default) waive the right to sue for non-economic damages unless their injury falls within specified serious categories. Punitive damages are capped at five times compensatory or $350,000, whichever is greater.

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★ statute of limitations
2 years from date of injury

N.J.S.A. § 2A:14-2

★ fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ NJ · statutory caps

What caps recovery.

Caps and ceilings imposed by New Jersey law that bear on settlement values.

★ NJ · key facts

What makes New Jersey different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ NJ · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under New Jersey law.

★ NJ · court decisions

What New Jersey courts have decided.

Reported New Jersey decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ NJ · rules that decide claims

The rules in New Jersey.

Statutes and rulings that come up again and again in New Jersey injury claims, each with its source.

Limitation on lawsuit (verbal threshold)Drivers who chose the limitation on lawsuit option can recover pain and suffering only for listed serious injuries, including a permanent injury: one where the body part “has not healed to function normally and will not heal to function normally with further medical treatment.”N.J.S.A. 39:6A-8(a), as quoted in Escobar-Barrera v. Kissin (App. Div. 2020)
Deadline to sueTwo years: an injury action must “be commenced within two years next after the cause of any such action shall have accrued.”N.J.S.A. 2A:14-2, as quoted in Chipola v. Flannery (App. Div. 2025)
Fault ruleYour own negligence does not bar recovery if it “was not greater than the combined negligence of the persons against whom recovery is sought,” so 51% bars you and a smaller share reduces the award.N.J.S.A. 2A:15-5.1, as quoted in Krzykalski v. Tindall (App. Div. 2016)
Seat belt useNot wearing a belt can reduce only the extra injury a belt would have prevented, not the whole award.Waterson v. General Motors (N.J. 1988), in the MyClaimWorth seat belt chart
Damages the jury gets wrongIf an award is grossly inadequate or excessive, the judge may offer an additur or remittitur at the amount a reasonable jury would award; if either side refuses, there is a new damages trial.Orientale v. Jennings (N.J. 2019)
Low damage crashesA neurosurgeon may testify that minor vehicle damage does not show how badly an occupant was hurt; the jury weighs that against a defense biomechanical expert.Mickens v. Misdom (App. Div. 2015)
Claims against public bodiesNotice within 90 days; pain and suffering only for a permanent injury with medical costs over $3,600.N.J.S.A. 59:8-8 and 59:9-2, in the MyClaimWorth notice of claim chart
Who decides to settleA court may not hand settlement decisions to a guardian ad litem without a guardianship hearing, at which the injured person has the right to independent counsel.S.T. v. 1515 Broad Street (N.J. 2020)
★ other US jurisdictions

Compare across United States.

How New Jersey compares with its neighbours in the Northeast on fault rule and limitation period.

JurisdictionFault ruleLimitation
New Jersey· you are hereModified comparative, 51% bar2 years from date of injury
Connecticut (CT)Modified comparative, 51% bar2 years from date of injury
Delaware (DE)Modified comparative, 51% bar2 years from date of injury
District of Columbia (DC)Pure contributory negligence3 years from date of injury
Maine (ME)Modified comparative, 50% bar6 years for personal injury, longest in the US
Maryland (MD)Pure contributory negligence3 years from date of injury
Massachusetts (MA)Modified comparative, 51% bar3 years from date of injury
New Hampshire (NH)Modified comparative, 51% bar3 years from date of injury
New York (NY)Pure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice
Pennsylvania (PA)Modified comparative, 51% bar2 years from date of injury
Rhode Island (RI)Pure comparative negligence3 years from date of injury
Vermont (VT)Modified comparative, 51% bar3 years from date of injury

Every United States jurisdiction compared

★ NJ · frequently asked

Common questions.

Common questions about personal injury claims in New Jersey, answered with the relevant statutory references.

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★ federal context
Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority
Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the New Jersey statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in New Jersey. See /methodology, /sources, and /disclaimer.