New Jersey injury claims
New Jersey differs from its neighbours in two ways that change how an injury claim is evaluated from the first day: the state applies comparative fault rather than contributory negligence, and New Jersey auto policies present the insured with a choice of tort option that can restrict the right to sue for non-economic damages. Mr. Sris is admitted in New Jersey.
Comparative fault
Unlike Virginia, Maryland and the District of Columbia, which follow contributory negligence principles under which a plaintiff’s own negligence can bar recovery entirely, New Jersey reduces recovery in proportion to fault rather than eliminating it. That difference means a case that would fail across a state line may proceed in New Jersey, and it changes how comparative-fault arguments are prepared.
Check your tort option
New Jersey automobile policies offer a choice between tort options, and the option selected on the policy can limit the right to recover for non-economic damages unless the injury meets a defined threshold. Many policyholders do not know which option they selected, because it is chosen once and rarely revisited. It should be checked at the outset of any New Jersey auto claim, because it shapes what the claim can recover.
Filing deadlines in New Jersey
Personal injury actions in New Jersey are generally subject to a two-year period under N.J.S.A. 2A:14-2, accruing at the date of injury. Medical malpractice claims run on the same two-year period with a discovery rule and carry an early affidavit-of-merit requirement. Wrongful death claims are subject to a two-year period from the date of death under N.J.S.A. 2A:31-3 — with no limitation period where the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted. Claims against public entities carry their own separate and much shorter notice requirements. Tolling and discovery rules can alter these periods; confirm the deadline on your own facts.
Pages in this section
This section covers New Jersey auto claims, the tort option threshold, comparative fault and New Jersey premises and malpractice matters.
Speak with Mr. Sris
Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.
Last reviewed: August 22, 2026.
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