New Jersey Personal Injury Laws
New Jersey personal injury laws vary from other state’s laws. Below are the most common personal injury laws in the state of New Jersey. Understanding your compensation rights and getting the help of an attorney is your first step towards filing a successful New Jersey personal injury claim.back to top
New Jersey Statute of Limitations
(How long do I have to file claims in New Jersey?)
The New Jersey statute of limitations for filing personal injury claims is 2 years. New Jersey's medical malpractice statute of limitations is 2 years from the date of the action or 2 years from the date of reasonable discovery. Product liability claims must be filed within 2 years from the date of the complaint or reasonable date of discovery of the injury. These statutes for New Jersey claims are subject to change, contact a New Jersey injury attorney for definitive statutes at the time of your accident or injury.
New Jersey = Choice No-Fault State
New Jersey is a choice no-fault state which means drivers have the choice to decline to carry Personal Injury Protection (PIP) coverage and retain their right to sue under the traditional tort system.
If you choose the no-fault option and you are involved in a car accident fault will not be assessed, but instead, your own car insurance will pay for economic damages for the accident. The injured person cannot, however, sue the other driver for pain and suffering, emotional distress and inconvenience if they have chosen the no-fault coverage unless their damages exceeds a “severity threshold” which is defined by the state.
New Jersey is a Modified Comparative Fault
-- 51 Percent Bar State
New Jersey is a modified comparative fault 51% bar state which means you may collect compensation in an injury claim as long as you are 50% or less at fault. If you are more than 50% at fault you cannot bring a claim in New Jersey. New Jersey injury attorneys can answer additional questions about modified comparative fault laws.back to top
Are there Damage Caps in New Jersey Injury Law?
(How much compensation or money can I expect?)
New Jersey does not have any monetary caps for noneconomic damages. Punitive damages are limited to five times compensatory damages or $350,000 or the greater of the two.
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