Injury claims in New Jersey
Deadlines, the verbal threshold, PIP, the 2026 minimum limits increase, and the notice rules for work injuries and claims against public bodies.
Deadlines at a glance
| Claim | Deadline | Authority |
|---|---|---|
| Personal injury lawsuit | 2 years from injury | N.J.S.A. 2A:14-2 |
| Wrongful death | 2 years | N.J.S.A. 2A:31-3 |
| Notice against a public entity | 90 days from accrual | N.J.S.A. 59:8-8 |
| Work injury notice to employer | 14 days safe, 90 days absolute | N.J.S.A. 34:15-17 |
| Workers' comp claim petition | 2 years from injury or last payment | N.J.S.A. 34:15-51 |
The verbal threshold
New Jersey drivers choose between the unlimited right to sue and the limitation on lawsuit option. Choosing the limitation lowers the premium and bars recovery for non-economic loss unless the injury falls into one of six categories under N.J.S.A. 39:6A-8(a):
- Death
- Dismemberment
- Loss of a fetus
- Significant disfigurement or significant scarring
- A displaced fracture
- A permanent injury within a reasonable degree of medical probability
The sixth category does most of the work and has a precise meaning: the body part or organ has not healed to function normally and will not heal to function normally with further treatment. Proving it requires a physician's certification supported by objective clinical evidence such as imaging, not a description of how much it still hurts.
PIP and who pays your medical bills first
New Jersey is a choice no-fault state. Personal Injury Protection on your own policy pays medical expenses after a crash regardless of who caused it, up to the limit you selected. People routinely select a low PIP limit to save premium and then discover the limit during treatment for a serious injury.
Minimum liability limits rose on 1 January 2026
Under P.L.2022, c.87, and as set out in Department of Banking and Insurance Bulletin No. 25-06, New Jersey's minimum auto liability limits are now $35,000 per person / $70,000 per accident / $25,000 property damage. Policies in force before that date carry the older minimums, so the date of your crash decides which applies.
Comparative fault
Modified comparative negligence with a 51% bar under N.J.S.A. 2A:15-5.1. Damages reduce by your percentage of fault; more than 50% and you recover nothing.
Claims involving a public body
The Tort Claims Act governs claims against the State, counties, municipalities, school districts, public hospitals and their employees. Written notice within 90 days of accrual is a precondition to suit (N.J.S.A. 59:8-8). Late notice may be permitted within one year on a showing of extraordinary circumstances, at the court's discretion, which is not something to rely on.
The Act also limits what is recoverable, including a threshold for pain and suffering against a public entity.
Where to go without paying anyone
The New Jersey Division of Workers' Compensation handles work injury claims and charges injured workers nothing to file. The New Jersey State Bar Association operates a lawyer referral service, and county bar associations operate their own. These are bar-run services, which is the category New Jersey's rules expressly permit.