Lost Wages in a New Jersey Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in New Jersey, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
No-Fault
Auto System
What Lost Wages You Can Recover in New Jersey
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in New Jersey
New Jersey Injury Law
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.