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★ New Jersey · head & brain

Head & brain settlements
in New Jersey.

By Reviewed by Abd Shanti, Founder9 min read

Brain injury claims raise a problem other cases do not: whether the injured person can still make decisions about the lawsuit. New Jersey’s Supreme Court vacated a $625,000 settlement made over a brain injured engineer’s objection because no court had found she lacked capacity.

Facts that decide a head & brain claim in New Jersey

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)
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)
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)
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
united states · sister site
Your head & brain claim in New Jersey. See the number for your own case.

FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ NJ · reported head & brain outcomes

What New Jersey courts have awarded.

Real New Jersey decisions and verdicts, each linked to the court record or official report.

  • S.T. v. 1515 Broad Street
    New Jersey Supreme Court · 2020
    $625,000 settlement vacated

    A 44 year old chemical engineer was struck in the head by a metal plate that fell from above a building doorway in Bloomfield. She was diagnosed with a concussion, made more than 500 visits to providers, and was declared permanently disabled by Social Security. She rejected a $475,000 offer; a guardian ad litem later agreed to $625,000 over her objections. The Supreme Court vacated the settlement because no guardianship hearing had been held.

  • Orientale v. Jennings
    New Jersey Supreme Court · 2019
    $200 verdict; additur rules rewritten

    A jury found a permanent injury after a crash yet awarded $200. The Court held that a judge correcting such an award must use the figure a reasonable jury would award and needs both parties’ consent.

★ NJ · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in New Jersey.

  1. 1

    Brain injury evidence is often mixed. In S.T. testing showed superior verbal comprehension alongside impaired processing speed, and doctors diagnosed post concussion syndrome and depression. That mix is typical, and it is why these cases need neuropsychological testing rather than a single scan.

  2. 2

    The injured person keeps control of the case unless a court finds otherwise after a proper hearing. S.T. protects the right to refuse an offer even when your own lawyer thinks you should take it.

  3. 3

    Offers can rise over time. The defendants in S.T. offered $475,000 in 2013 and later agreed to $625,000, so the first figure is rarely the last.

★ 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 head & brain settlement in New Jersey.

★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · head & brain →
Rhode IslandPure comparative negligence3 years from date of injuryRI · head & brain →
VermontModified comparative, 51% bar3 years from date of injuryVT · head & brain →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · head & brain →
DelawareModified comparative, 51% bar2 years from date of injuryDE · head & brain →
OhioModified comparative, 51% bar2 years from date of injuryOH · head & brain →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · head & brain →
OregonModified comparative, 51% bar2 years from date of injuryOR · head & brain →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · head & brain →
New MexicoPure comparative negligence3 years from date of injuryNM · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
★ NJ · head & brain · frequently asked

Common questions.

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

united states · sister site
Hurt in a car crash in New Jersey? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of NJ
New Jersey overview

Fault rule, statute, caps, and key facts for New Jersey as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in New Jersey. See /methodology, /sources, and /disclaimer.