Accidents & Injuries in New Jersey

New Jersey Statutes Annotated Section 2A:14-2 provides a two-year statute of limitations for personal injury claims. For claims against government entities, New Jersey's Tort Claims Act (N.J.S.A. 59:8-8) requires a notice of claim to be filed within 90 days of the accident — a very short window. Missing the 90-day government notice deadline may permanently bar your claim.

New Jersey is a "choice" no-fault state. Drivers choose between "limited tort" (no-fault with restricted right to sue) and "standard tort" (full right to sue) options. Under limited tort, to claim pain and suffering beyond PIP coverage, injuries must be "serious" — such as displaced fractures, significant disfigurement, permanent injury, or death. Under standard tort, injured parties retain full rights to sue regardless of the injury severity.

Under N.J.S.A. 39:6A-8, "limited tort" option drivers pay lower premiums but can only sue for pain and suffering if injuries meet the "serious injury" threshold. "Standard tort" drivers pay more but retain the full right to sue the at-fault driver for all damages including pain and suffering without any threshold requirement. Your insurance policy determines which option you selected.

Under N.J.S.A. 2A:15-5.1, if you are 50% or less at fault, you can recover damages reduced by your fault percentage. If you are found 51% or more at fault, you are completely barred from recovering compensation from the other party. New Jersey also requires apportionment of fault among all parties including settling defendants.