New Jersey
Injury claims in New Jersey
New Jersey is a no-fault state where your own coverage pays first, your right to sue for pain and suffering depends on an option you chose when buying your policy, and claims against public bodies carry a 90-day notice deadline.
Key deadlines
Exceptions exist for minors, for injuries that could not reasonably have been discovered right away, for claims against government bodies, and for medical claims. Only a licensed attorney who knows your facts can tell you what applies to you.
Car crashes in New Jersey
New Jersey is a no-fault state. Your own Personal Injury Protection pays your medical bills first, regardless of who caused the crash. On a Standard Policy the default PIP medical limit is $250,000 (N.J.S.A. 39:6A-4), though lower limits can be selected.
The tort option you chose
Under N.J.S.A. 39:6A-8 you elected one of two things:
- Limitation on lawsuit, the verbal threshold. Pain and suffering is recoverable only for death, dismemberment, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury. A physician certification based on objective clinical evidence is required, generally within 60 days of the defendant's answer.
- No limitation on lawsuit. Full right to recover, higher premium.
A driver who does not elect in writing is deemed to have chosen the verbal threshold (N.J.S.A. 39:6A-8.1(b)), the more restrictive of the two.
Minimum limits rose on 1 January 2026
Standard Policy minimums are now $35,000 / $70,000 / $25,000, the final step of P.L. 2022, c. 87. New Jersey also permits a Basic Policy, which carries $5,000 property damage, $15,000 PIP, and no bodily injury liability at all unless the optional $10,000 was purchased. If you were hit by a Basic Policy driver, the available coverage may be far less than you assume.
Work injuries in New Jersey
New Jersey's notice rule runs in stages under N.J.S.A. 34:15-17. Notice within 14 days keeps benefits uninterrupted. Notice between 30 and 90 days may still be excused for reasons such as mistake or inability. After 90 days, no compensation is allowed.
A formal claim petition must be filed with the Division of Workers' Compensation within two years of the accident, or within two years of the last payment of compensation (N.J.S.A. 34:15-51). If your condition later worsens, an award can generally be reopened within two years of the last payment (N.J.S.A. 34:15-27).
Fault sharing
You may recover if your negligence was not greater than the defendant's, with damages reduced by your share (N.J.S.A. 2A:15-5.1).
Medical claims
Medical malpractice claims require an affidavit of merit from an appropriate licensed professional, generally within 60 days of the defendant's answer, extendable once (N.J.S.A. 2A:53A-27). Failing to provide it is treated as failing to state a claim at all.
Claims for injuries sustained at birth carry their own rule and must generally be filed before the child's 13th birthday (N.J.S.A. 2A:14-2).
Mass torts and New Jersey
The talc litigation, the largest MDL in the country, sits in the District of New Jersey. New Jersey also has some of the most thoroughly documented PFAS contamination in the United States, including Joint Base McGuire-Dix-Lakehurst, Naval Weapons Station Earle, the Chambers Works site in Salem County and Solvay's West Deptford facility, all relevant to the firefighting foam litigation.
This page is not legal advice and is not a substitute for the advice of an attorney.