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Modified comparative fault

New Jersey Personal Injury Law

📍 Capital: Trenton · Statute: N.J. Stat. § 2A:14-2

2 years Filing deadline
51% bar Fault system
$75,000 Avg settlement (low)
6 Common case types

Overview of Personal Injury Law in New Jersey

New Jersey uses a modified comparative fault system with a 51% bar. The state is known for plaintiff-friendly courts and significant jury awards, particularly in Essex and Bergen counties. There is no cap on compensatory damages.

This guide covers the most important rules for personal injury claims in New Jersey, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed New Jersey attorney for your specific situation.

Key New Jersey Personal Injury Statutes

N.J. Stat. § 2A:14-2 (SOL)
N.J. Stat. § 2A:15-5.1 (comparative fault)
N.J. Stat. § 2A:31-1 (wrongful death)

Most Common Personal Injury Cases in New Jersey

Car Accidents
Medical Malpractice
Slip & Fall
Product Liability
Workplace Injury
Wrongful Death

New Jersey Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages
Average Settlement $75,000–$350,000
Fault System Modified comparative fault (51% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within New Jersey.

Frequently Asked Questions — New Jersey Injury Law

How long do I have to file a claim in New Jersey?

In New Jersey, you generally have 2 years to file a personal injury lawsuit from the date of injury. Key statute: N.J. Stat. § 2A:14-2.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a New Jersey attorney to confirm your deadline.

What is New Jersey's fault system?

New Jersey uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in New Jersey?

New Jersey damage rules: No cap on compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in New Jersey?

Personal injury settlements in New Jersey average approximately $75,000–$350,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a New Jersey attorney →

Injured in New Jersey? Get Help Now.

Personal injury laws in New Jersey can be complex and deadlines are strict. A qualified New Jersey personal injury attorney can evaluate your case for free — with no upfront costs.

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed New Jersey attorney for legal advice.