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NJ
New Jersey · fracture

Fracture settlements
in New Jersey.

By 6 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. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for New Jersey's modified comparative — 51% bar and any applicable statutory cap.

New Jersey applies modified comparative negligence with a 51% bar. A fracture claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability fracture cases where the comparative-fault split is close to even.

New Jersey's caps (punitive damages cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. New Jersey's fault rule and any applicable cap then adjust the figure.

NJ · statute of limitations
2 years from date of injury

N.J.S.A. § 2A:14-2

NJ · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

NJ · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in New Jersey.

fracture · same region & fault regime

Compare to like jurisdictions.

How New Jersey's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
New Jersey · you are hereModified comparative — 51% bar2 years from date of injury
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture
PennsylvaniaModified comparative — 51% bar2 years from date of injuryPA · fracture
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture
VermontModified comparative — 51% bar3 years from date of injuryVT · fracture
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · fracture
DelawareModified comparative — 51% bar2 years from date of injuryDE · fracture
OhioModified comparative — 51% bar2 years from date of injuryOH · fracture
OklahomaModified comparative — 51% bar2 years from date of injuryOK · fracture
OregonModified comparative — 51% bar2 years from date of injuryOR · fracture
South CarolinaModified comparative — 51% bar3 years from date of injurySC · fracture
New MexicoPure comparative negligence3 years from date of injuryNM · fracture
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture
NJ · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for New Jersey's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Jersey. See /methodology, /sources, and /disclaimer.