Personal Injury Statistics in New Jersey
Understanding personal injury statistics in New Jersey helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$18,000 – $85,000
Average Settlement Range
Varies widely by injury severity and case type
Modified comparative fault (51% bar)
Fault System
Directly affects how damages are calculated
2 years
Statute of Limitations
Time to file from date of injury
No-Fault (PIP)
Auto Insurance System
Own insurer pays initial medical bills
New Jersey Injury Cases — By the Numbers
96,000 cases/yr
PI Cases Filed Annually
$66,000
Average Settlement
$40,000
Median Settlement
48%
Plaintiff Trial Win Rate
19 mo
Avg. Time to Settle
Motor Vehicle Accident
Top Injury Type
18 mo
Civil Court Backlog
33%
Avg. Contingency Fee
Key Facts About New Jersey Injury Law
New Jersey is a choice no-fault state — drivers choose between a "verbal threshold" (limited tort) and "zero threshold" (unlimited tort) option when purchasing auto insurance; the verbal threshold limits lawsuits unless injuries involve permanent injury, significant disfigurement, or other qualifying criteria.
New Jersey uses modified comparative fault under N.J.S.A. § 2A:15-5.2 with a 51% bar — plaintiffs who are 51% or more at fault cannot recover, while those with lesser fault have their award reduced proportionally by their percentage of negligence.
Personal injury lawsuits in New Jersey must be filed within 2 years from the date of injury under N.J.S.A. § 2A:14-2; the discovery rule may toll the statute in cases where the injury was not immediately apparent or the connection to the defendant's conduct was not discoverable.
New Jersey Personal Injury 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.