New Jersey Personal Injury Attorneys

Statute of Limitations

2 years

2 years from the date of injury (N.J.S.A. 2A:14-2)

Fault Rule

51%

Modified comparative fault, 51% bar (N.J.S.A. 2A:15-5.1) — no recovery if your fault is greater than the combined fault of all defendants

Damages Cap

5x

No general cap on compensatory damages in standard PI. Punitive damages capped at the greater of $350,000 or 5x compensatory under N.J.S.A. 2A:15-5.14. NJ Tort Claims Act applies caps and pain-and-suffering thresholds against public entities.

Government-Claim Notice

Tort Claims

New Jersey Tort Claims Act (N.J.S.A. 59:8-8): 90-day written notice of claim, with 6-month investigation period before suit. Strict and unforgiving.

Joint and Several Liability

60%

Modified — defendants 60% or more at fault are jointly liable; less than 60% are severally liable (N.J.S.A. 2A:15-5.3).

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

New Jersey applies modified comparative fault with a 51% bar under N.J.S.A. 2A:15-5.1 — recovery is barred if your fault is greater than the combined fault of all defendants. The standard PI SOL is two years under N.J.S.A. 2A:14-2. New Jersey is a choice no-fault auto state — drivers select either the limitation on lawsuit option (verbal threshold) or unlimited right to sue under N.J.S.A. 39:6A-8. The New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.) requires a written notice of claim within 90 days for any State or public entity claim — one of the strictest deadlines in the country — with damage caps and immunity defenses. Many New Jersey cases involve federal and interstate-commerce issues with New York and Pennsylvania.