Personal Injury Deposition in New Jersey
A deposition is sworn out-of-court testimony taken during the discovery phase of yourNew Jersey personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$18,000 – $85,000
Avg Settlement
2 years
Filing Deadline
Deposition Tips for New Jersey Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
New Jersey Law Overview
New Jersey's choice no-fault system allows drivers to select limited tort (verbal threshold requiring serious injury to sue) or full tort (unlimited right to sue for pain and suffering). This election significantly affects the rights of injured drivers. New Jersey applies modified comparative fault with a 51% bar. The statute of limitations is 2 years. New Jersey courts, particularly in Camden and Essex counties, handle significant personal injury caseloads. The New Jersey Tort Claims Act governs claims against public entities, requiring a 90-day notice of claim and limiting recovery in some circumstances. New Jersey has no general cap on compensatory damages for private defendants. Medical malpractice cases require an affidavit of merit from a qualified expert within 60 days of the defendant's answer. Product liability in New Jersey follows New Jersey Products Liability Act standards, which consolidate multiple theories into a single cause of action. Punitive damages require clear and convincing evidence of actual malice.