New Jersey Personal Injury Laws

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

Statute of Limitations

2 yearsN.J.S.A. 2A:14-2

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

Property Damage — 6 yearsN.J.S.A. 2A:14-1

Actions for property damage have a 6-year statute of limitations.

Wrongful Death — 2 years from date of deathN.J.S.A. 2A:31-3

Wrongful death claims must be filed within 2 years of the date of death.

Government Tort Claims — 90-day notice requiredN.J.S.A. 59:8-8

Claims against government entities require a 90-day notice of claim under the Tort Claims Act.

Minors — Tolled until age 18, then 2 yearsN.J.S.A. 2A:14-21

The statute of limitations is tolled for minors until they reach age 18.

Fault & Liability Rules

Modified Comparative Fault (51% Bar)N.J.S.A. 2A:15-5.1

A plaintiff's damages are reduced by their percentage of fault. If the plaintiff is 51% or more at fault, they recover nothing.

Damage Caps

Compensatory Damages: No cap

New Jersey does not cap compensatory damages (economic or non-economic) in general personal injury cases.

Punitive Damages: Greater of 5x compensatory or $350,000N.J.S.A. 2A:15-5.14

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.

Auto Insurance System

No-Fault (Verbal Threshold)N.J.S.A. 39:6A-3, 39:6A-8

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.

Key New Jersey Statutes

PIP (Personal Injury Protection)N.J.S.A. 39:6A-4

Your own policy pays medical expenses regardless of fault under the no-fault PIP system.

Official Sources

NJ Courts — Statute of Limitations FAQ NJ Legislature — Title 2A (Limitations of Actions)

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at NJ Courts — Statute of Limitations FAQ. For advice about your specific situation, consult a licensed attorney.

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