New Jersey at a glance
New Jersey allows two years to sue for injury to the person.[1] A claim against a public entity must be presented within 90 days.[2] A plaintiff whose negligence is greater than the defendants’ cannot recover.[3] New Jersey is a no-fault state, and the “limitation on lawsuit” option restricts suits for pain and suffering.[4][5]
Filing deadlines
N.J.S.A. 2A:14-2(a)
Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued;
Source: [1]
In plain English, most injury lawsuits in New Jersey must be filed within two years.[1]
Public entities: N.J.S.A. 59:8-8
A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause of action.
Source: [2]
Shared fault
N.J.S.A. 2A:15-5.1
Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought.
Source: [3]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
The Department of Banking and Insurance explains that the second phase of the minimum-limits law “becomes effective January 1, 2026, and applies to all new and renewal policies issued on or after that date,” raising minimum liability “for Per Person Coverage to $35,000 and Per Accident Coverage to $70,000. The minimum limit for Property Damage Coverage remains $25,000.”[6]
A New Jersey appellate court has explained that under N.J.S.A. 39:6A-8(a), the law “bars suits for noneconomic loss for plaintiffs who elect to purchase policies with the limitation on lawsuit option unless the plaintiff proves they suffered one of six statutorily defined injuries,” such as “a permanent injury within a reasonable degree of medical probability.”[4] For a head injury claim, which tort option was chosen on the policy can decide whether pain and suffering is recoverable.
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in New Jersey?
In plain English, most injury lawsuits in New Jersey must be filed within two years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- N.J.S.A. 2A:14-2. Justia. https://law.justia.com/codes/new-jersey/title-2a/section-2a-14-2/
- N.J.S.A. 59:8-8. Justia. https://law.justia.com/codes/new-jersey/title-59/section-59-8-8/
- N.J.S.A. 2A:15-5.1. Justia. https://law.justia.com/codes/new-jersey/title-2a/section-2a-15-5-1/
- New Jersey Appellate Division opinion discussing N.J.S.A. 39:6A-8(a) (2025). New Jersey Courts. https://www.njcourts.gov/system/files/court-opinions/2025/a0609-24.pdf
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
- New Jersey Department of Banking and Insurance. Bulletin No. 25-06. https://www.nj.gov/dobi/bulletins/blt25_06.pdf
Sources last checked: October 11, 2026
