New Jersey Personal Injury Law and Settlements

This page will provide a general overview of the key New Jersey laws that are applicable to personal injury cases including auto accidents, medical malpractice, dog bites, and product liability claims. We will also look at the average settlement value of these cases in New Jersey and provide examples of recent settlements and verdicts from New Jersey injury cases.

New Jersey Statute of Limitations for Personal Injury Cases

Every state has a legal deadline for how long a potential plaintiff can wait before filing a civil lawsuit. This deadline is called the statute of limitations. New Jersey has a general 2-year statute of limitations. This means that prospective plaintiffs in New Jersey must file their case within the two year SOL window or their claim will be legally barred.

New Jersey’s 2-year statute of limitations is set forth at NJ Rev. Stat. § 2A:14-2. This statute of limitations applies to all types of personal injury cases, including medical malpractice, auto accidents, and premises liability.

Discovery Rule in New Jersey

The most important question when talking about the statute of limitations in New Jersey is determining when the 2-year “clock” starts to run. New Jersey follows the doctrine known as the “discovery rule” for establishing when the 2-year SOL clock starts running.

Under the discovery rule, the 2-year clock starts running when the plaintiff first discovered (or reasonably could have discovered) that they suffered harm as the result of another person’s negligence. In simple personal injury cases, the 2-year clocks typically starts as soon as the injury or accident occurs. In more complex medical malpractice or product liability cases, however, the 2-year clock may not start until months or even years later.

Exceptions for Minors

New Jersey makes certain exceptions to the 2-year statute of limitations when the plaintiff is a minor (under age 18). For birth injury claims (medical malpractice claims for injuries sustained at birth) the child has until their 13th birthday to file suit. For all other personal injury claims in which the prospective plaintiff is a minor, the plaintiff has until their 20th birthday to file their case.

New Jersey’s Comparative Negligence Rule

New Jersey has adopted a modified comparative fault rule in cases where the plaintiff is partly at fault for their own injuries. Under comparative fault, each party is responsible for their own percentage share of fault in an accident and a plaintiff’s damages will be reduced by his or her share. For example, let’s say Bob is in a car accident with Laura. Bob is found to be 80% at fault and Laura is 20% at-fault for the accident. Under comparative fault, Laura’s damages for the accident would be reduced by 20% to account for her share of fault.

In pure comparative negligence states, a plaintiff can recover some damages even if they are 80% or 99% at fault for an accident. New Jersey is not a pure comparative negligence state. New Jersey has modified the pure comparative fault rule with a 50% bar. Under this rule a person who is found to be more than 50% at fault is completely barred from recovery. This means if you are 51% at fault for the accident then you are unable to seek any damages.

No Caps on Damages in New Jersey

Unlike many other states, New Jersey has not enacted any laws which put a cap or maximum limit on the amount of normal money damages that plaintiffs can receive in personal injury cases. Even damages in medical malpractice cases are not capped in New Jersey.

New Jersey does have a maximum cap on the amount of punitive damages that can be awarded in personal injury cases. Under NJ Rev. Stat. § 2A:15-5.14, punitive damages are capped at $350,000 or five times the amount of compensatory damages, whichever is greater.

New Jersey Affidavit of Merit Requirement in Medical Malpractice Cases

Like many other states, New Jersey requires plaintiffs in medical malpractice cases to obtain and file an “affidavit of merit” in order to bring a malpractice lawsuit. The affidavit of merit is a written statement from a qualified expert (i.e., another doctor) stating that they have reviewed the medical records and facts of the case and that in their expert opinion, medical negligence occurred. The detailed requirements for the certificate of merit in New Jersey are set forth at NJ Rev. Stat. § 2A:53A-27. The affidavit of merit must be provided within 60 days of the defendant’s answer, with a possible extension of 60 additional days for good cause, totaling 120 days. Failure to comply results in dismissal with prejudice

The dual aim of the affidavit of merit statute is to eliminate frivolous lawsuits at the outset of litigation, while simultaneously guaranteeing that plaintiffs with legitimate claims receive a fair hearing in court.

The affidavit must state that there exists a reasonable probability that the care, skill, or knowledge exercised or exhibited in the treatment, practice, or work that is the subject of the complaint fell outside acceptable professional or occupational standards or treatment practices.

New Jersey malpractice lawyers need to follow the affidavit of merit requirement to the letter. But the courts have also made clear that it does not intend to add in additional requirement that are not in the statute.  So, for example, the expert does not need to specify that the expert reviewed medical records or include the qualifications of the expert or explicitly name the defendants as long as they are reasonably identifiable as part of the action.

The Patients First Act supplements the affidavit of merit statute by requiring that the individual executing the affidavit be equivalently qualified to the defendant physician. This “kind-for-kind” rule, codified under N.J.S.A. 2A:53A-41, mandates that if a defendant physician is board-certified in a specialty or subspecialty, the affiant must also hold board certification in that same specialty or subspecialty. Furthermore, the affiant must have spent the majority of their professional time in the relevant specialty or subspecialty during the year preceding the incident.

What if the defendant doctor practices in multiple specialties? In this case, an affidavit of merit from a physician certified in any one of those specialties is sufficient, provided the treatment in question falls within one of the physician’s areas of specialization.

Exceptions

There are specific situations where the requirement to provide an affidavit of merit does not apply. One notable exception is the common knowledge doctrine. This principle allows lay jurors to use their everyday understanding and experience to judge a defendant’s negligence without needing expert testimony.

This approach is applicable in scenarios where the jurors’ general knowledge is enough to assess the standard of care and the possible preventive measures a defendant could have taken to avoid causing harm. Examples include cases where a dentist removed the wrong tooth, a medical professional mistakenly pumped gas instead of a fluid during a procedure, or a pharmacist filled a prescription with the incorrect medication.

Furthermore, the affidavit is not required in cases of ordinary negligence involving a licensed professional when applying the principle of res ipsa loquitur. In such situations, the defendant’s negligence is evident, and the plaintiff is not required to present expert testimony to prove the standard of care. The doctrine of res ipsa loquitur allows for the inference of negligence if the incident typically indicates negligence, the defendant had exclusive control over the cause, and there’s no evidence suggesting the injury was due to the plaintiff’s actions or negligence.

How often does res ipsa apply in medical malpractice cases?  Rarely. The best play is to file a affidavit of merit in every case to be certain.

Ferreira Conference

A Ferreira conference is a case management conference used in New Jersey’s civil justice system, specifically in professional negligence actions, to address issues related to the affidavit of merit statute.

The purpose of the conference is to ensure that discovery-related issues, particularly compliance with the AOM requirement, are identified and resolved early in the litigation process.

Typically held within ninety days of the filing of an answer to the complaint, the conference aims to determine whether the plaintiff has served an AOM on the defendant, identify any objections to the adequacy of the AOM, remind the parties of their obligations under the AOM statute and case law, and, importantly, provide the plaintiff with an opportunity to correct any deficiencies within the statutory time frame.

New Jersey courts have recognized the need to manage technical compliance issues effectively and prevent the undue dismissal of meritorious claims for minor procedural errors.

Malpractice Fees in New Jersey

In New Jersey, attorney fees in medical malpractice cases can vary, but they are almost always contingent on the outcome of the case. This means that attorneys typically charge a percentage of the settlement amount or jury payout rather than charging an hourly rate.

New Jersey has specific regulations concerning the percentage that attorneys can charge in medical malpractice cases. These regulations are designed to ensure that the plaintiff receives a fair portion of any settlement or award. According to New Jersey malpractice law:

  1. For the first $500,000 recovered, the attorney’s fee cannot exceed 33.33%.
  2. For the next $500,000 recovered, the fee is limited to 30%.
  3. For the next $500,000 recovered, the fee is further reduced to 25%.
  4. For any amount over $1.5 million, the fee is limited to 20%.

New Jersey Dog Bite Law

New Jersey has what is known as strict liability for personal injuries involving dog bites. New Jersey’s dog bite law is set forth at NJ Rev. Stat. § 4:19-16:

The owner of any dog [that bites someone who is] in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.

This means that dog owners will automatically be held liable if their dog attacks or bites someone regardless of whether the owner knew or had reason to know that the dog was potentially aggressive. In other words, owners can be liable even if their dog has never attacked anyone before. So §4:19-16, holds dog owners accountable in personal injury cases resulting from dog bites, irrespective of the dog’s prior aggressive behavior or the owner’s awareness of such behavior.

This is a huge advantage when you are fighting for a dog bite settlement in New Jersey. This statute creates a strict liability framework, where an injured plaintiff can claim against the dog’s owner by simply demonstrating the criteria specified in the statute.

But not every dog bite case is a slam dunk, even with strict liability.  The Dog Bite Statute establishes strict liability but does not preclude a defendant from using the plaintiff’s fault as a defense. Indeed, a defendant can employ the allocation-of-fault provisions found in the Comparative Negligence Act, N.J.S.A. 2A:15-5.2(a), within a lawsuit brought under the Dog Bite Statute.

New Jersey Car Accident Law

New Jersey’s car accident claims process is more complicated than in many other states due to its unique “choice” no-fault system. This system impacts whether you can file a lawsuit after an accident and how much compensation you may be entitled to. Insurance companies often exploit these complexities to limit payouts, which is why understanding your rights—and choosing the right insurance policy—is critical.

New Jersey’s Choice No-Fault System

When purchasing car insurance in New Jersey, drivers must choose between two types of policies: standard and basic. The decision you make at the time of purchasing your insurance will determine your ability to recover damages after an accident.

Standard Car Insurance in New Jersey

The standard policy is the more comprehensive option and is generally the recommended choice for those who want to protect their right to sue for pain and suffering. It includes:

  • Personal Injury Protection (PIP): A minimum of $15,000 per person, with a cap of $30,000 per accident. This covers medical bills, lost wages, and other necessary expenses, regardless of who was at fault.
  • Liability Coverage: Protection if you cause an accident and injure others or damage property.
  • Uninsured/Underinsured Motorist Coverage: Provides compensation if you’re hit by a driver with little or no insurance.

Perhaps the most important feature of standard insurance is that it gives policyholders a critical choice regarding their ability to sue for non-economic damages (such as pain and suffering):

  • No Threshold (Zero Threshold): Allows full access to the courts. You can file a personal injury lawsuit against the at-fault driver for any level of injury, just as you could in most states.
  • Lawsuit Threshold (Verbal Threshold): Limits your right to sue unless your injuries meet a specific severity standard outlined in N.J.S.A. 39:6A-8. This option reduces insurance premiums but can prevent accident victims from pursuing compensation for pain and suffering.

Basic Car Insurance in New Jersey: Limited Protection

The basic policy is a bare-bones option that may leave drivers unprotected. It provides minimal liability coverage but does not include standard PIP benefits. If you’re injured in a crash, your own insurer covers medical expenses up to your policy’s limit, even if the accident wasn’t your fault.

However, basic policyholders face major restrictions:

  • No right to sue for pain and suffering unless injuries meet the state’s legal threshold.
  • Limited coverage for medical bills, often leaving victims with significant out-of-pocket expenses.
  • No protection if hit by an uninsured or underinsured driver.

Insurance companies push the basic policy as an affordable option, but it often leaves victims with little recourse after an accident. For anyone who values their legal rights, the basic policy is rarely a good choice.

When Can You File a Car Accident Lawsuit in New Jersey?

For many accident victims, the key question is whether they can file a lawsuit to recover damages beyond what insurance covers. The answer depends on the type of policy they have and the severity of their injuries.

If you have standard insurance with the no-threshold option: You have the right to sue for pain and suffering in any accident, regardless of injury severity.

If you have standard insurance with the lawsuit threshold option or a basic policy: You can only sue for pain and suffering if your injuries fall into one of the following categories:

  • Death
  • Dismemberment
  • Significant disfigurement or significant scarring
  • Displaced fractures
  • Loss of a fetus
  • Permanent injury: Defined under N.J.S.A. 39:6A-8 as an injury that has not healed to allow normal function and will not improve with further medical treatment.

The Fight Over “Permanent Injury”

Most legal battles in New Jersey car accident lawsuits focus on whether an injury meets the definition of “permanent.” Insurance companies argue that injuries are temporary and that the victim should not be compensated. However, under New Jersey law, a doctor must certify that the injury is permanent, meaning it will not heal fully or improve with further medical treatment.

How New Jersey’s No-Fault System Affects Accident Victims

New Jersey’s system creates additional hurdles for accident victims, particularly those with limited insurance coverage. Many people do notrealize the consequences of choosing a lawsuit threshold policy until the uinexpected happens and they are injured.

Key takeaways for accident victims:

  • If you have a no-threshold policy, you have full access to the courts.
  • If you have a lawsuit threshold policy, you must prove a qualifying injury before you can sue.
  • If you have a basic policy, your rights are extremely limited, and your ability to recover damages may be restricted.

Insurance companies use these rules to their advantage, often offering low settlements or denying claims outright. That’s why it’s critical for accident victims to consult with a personal injury lawyer who understands New Jersey’s system and knows how to fight for fair compensation.

The bottom line is New Jersey’s car accident laws are complex, and insurance companies use them to limit payouts. Many accident victims do not realize how these laws affect their rights until iit is too late. If you’re injured in a car crash, knowing whether you can sue and how to maximize your compensation is crucial.

New Jersey Personal Injury Lawsuits: What You Need to Know

How Much Money Can You Get in a New Jersey Personal Injury Settlement?
There is no set amount for personal injury settlements in New Jersey—each case depends on the severity of the injuries, medical expenses, lost wages, and pain and suffering. The average New Jersey personal injury settlement can vary widely. But it is fair to say that cases involving serious injuries, surgeries, or permanent disabilities tend to have higher settlement compensation payouts.
What Is the Statute of Limitations for a Personal Injury Lawsuit in New Jersey?
Under New Jersey personal injury law, most personal injury claims must be filed within two years from the date of the accident or injury, as outlined, as we talk about above, in N.J.S.A. 2A:14-2.
But some exceptions exist, such as for minors or cases where the injury wasn’t immediately discovered. Do not guess at that you think your statute is. There are too many rules and too many exceptions that cut both ways. Call a lawyer.  If you miss the statute of limitations for a New Jersey personal injury lawsuit, you likely lose the right to recover compensation.
How Does New Jersey’s Comparative Negligence Rule Impact Personal Injury Settlements?

New Jersey follows a modified comparative negligence rule. This basically means that if a plaintiff is partially at fault for their injury, their compensation will be reduced in proportion to their percentage of fault. But the most critical element of this rule is the 51% bar—if a plaintiff is found to be 51% or more at fault, they recover nothing.

This rule has real implications for settlement negotiations and jury trials. Insurance companies use comparative negligence to shift blame onto the injured person, reducing or outright eliminating payouts. For example, in a New Jersey slip and fall case, a store might argue that the victim was texting and not paying attention, even if the floor was dangerously wet. If they convince a jury that the plaintiff was more than 50% at fault, the plaintiff walks away with nothing.

Why Are Personal Injury Settlements in New Jersey Often Higher Than in Other States?
New Jersey is known for higher-than-average personal injury settlements and jury verdicts, but why is that the case? While many factors contribute, three key legal and economic realities drive up compensation in New Jersey personal injury lawsuits: no damages cap, a high cost of living, and its insurance and liability laws.
Are Slip and Fall Settlements with Surgery in New Jersey Worth a Lot?
Yes—when a slip and fall accident requires surgery, the settlement value in New Jersey can increase significantly. Many factors impact bodily injury claim settlement amounts, including whether the property owner was clearly negligent. Cases involving spinal fusions, knee surgeries, or hip replacements tend to settle for higher amounts than those involving minor injuries.
That said… you have to be able to prove the defendant did something wrong and you would not have fallen if they had not done something wrong. There is no slip-and-fall liability when you just fall on the defendant’s premises.  It has to be an error that they made that cause the fall.
How Long Does a Personal Injury Lawsuit Take in New Jersey?
It depends on case complexity, settlement negotiations, and whether the case goes to trial. Simple cases might settle in a few months, but more serious cases—especially those with permanent injuries—can take one to three years. If an insurance company is lowballing your claim, waiting for trial, or at least getting closer to a trial date, may be necessary to get full compensation.
How Do New Jersey Personal Injury Attorneys Get Paid?
Most New Jersey personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront—the lawyer only gets paid if you win.
Under New Jersey law: 33.33% on the first $500,000 recovered, 30% on the next $500,000, 25% on the next $500,000, and 20% for anything above $1.5 million. The good news for you in a New Jersey personal injury case means that when you hire most lawyers, it costs you nothing unless they recover money for you.
What If the Insurance Company Offers Me a Low Settlement?
Insurance companies undervalue personal injury claims all the time. If your injuries are serious and they offer a low personal injury settlement, an experienced lawyer can negotiate aggressively or take the case to trial. Accepting an early lowball offer means leaving money on the table.
Are Personal Injury Settlements Taxable in New Jersey?
Generally no. Personal injury settlements for medical expenses and pain and suffering are not taxable under state or federal law. But do not take our word for it. You want to talk to your lawyer (or a tax lawyer) after you get a settlement.
How Do I File a Personal Injury Lawsuit in New Jersey?
Filing a personal injury lawsuit in New Jersey involves gathering medical records, accident reports, and witness statements, filing a complaint in the appropriate New Jersey Superior Court, engaging in discovery, depositions, and negotiations, and settling the case or taking it to trial. Having a lawyer handle the process ensures no deadlines are missed and your case is presented effectively.
What’s the Best Way to Maximize My Personal Injury Settlement in New Jersey?
Hire the best personal injury lawyer that you can.  An experienced lawyer that insurance companies take seriously.

New Jersey Product Liability Claims

Claims relating to defective or dangerous products that cause injury or harm to consumers are governed by New Jersey product liability law. The applicable law for product liability claims in New Jersey is derived from a combination of both case law and statutory law.

Under New Jersey law, a manufacturer or seller of a product can be held liable if that product is defective and that defect causes injuries or harm. New Jersey law acknowledges the 3 basic types of product defects as identified in the Restatement of Torts: (1) manufacturing defects, (2) design defects, and (3) failure to warn.

There are a number of national mass torts or “class actions” that involve New Jersey plaintiffs, including claims our law firm is handling across the country:

  • Hair relaxer lawsuit: recent evidence has shown that long-term use of chemical hair relaxer products can cause uterine cancer, ovarian cancer, uterine fibroids, and other conditions. This has prompted hundreds of New Jersey women to seek compensation by pursing a hair relaxer cancer claim.
  • Roundup lawsuit: There are an increasing number of Roundup lawsuits filed in state court in New Jersey in 2024 although the cases are not consolidated in state court.
  • Talc powder lawsuit: Johnson & Johnson faces thousands of lawsuits claiming that its talcum powder products cause ovarian cancer and mesothelioma.  New Jersey has been the epicenter of this national litigation.
  • Zantac cancer lawsuit: After the FDA’s recall of Zantac due to contamination with a probable carcinogen called N-nitrosodimethylamine (NDMA), numerous lawsuits have been filed. Plaintiffs allege that long-term exposure to NDMA in Zantac caused a variety of cancers, including stomach, bladder, and kidney cancers.
  • Paraquat Lawsuit: Exposure to the herbicide paraquat has been linked to the development of Parkinson’s disease. New Jersey has significant agricultural activity, particularly in the production of fruits, vegetables, and nursery stock, which often leads to farm using herbicides like Paraquat.
  • Uber Sex Abuse Lawsuit: New Jersey’s high population density, proximity to major cities like New York City and Philadelphia, and extensive suburban areas make ride-sharing services like Uber a popular choice for transportation. Too many woman have been sexually assaulted by Uber drivers which is now the subject of a national class action lawsuit.
  • AFFF/PFAS Lawsuits: New Jersey has many victims of firefighting foam exposure and contaminated drinking water.  There are many contaminated water sites – Naval Weapons Station Earle (Colts Neck), Joint Base McGuire-Dix-Lakehurst, Ringwood Mines/Landfill (Passaic County), Ciba-Geigy Chemical Corporation (Toms River), Naval Air Warfare Center (Trenton), Pompton Lakes, Newark (lead contamination), Paulsboro (PFAS contamination).
  • Depo Provera Lawsuit: These suits claim that the birth control injection, which contains high doses of the synthetic progestin medroxyprogesterone acetate, increases the risk of developing meningiomas—slow-growing but potentially dangerous brain tumors. Plaintiffs argue that Pfizer, the manufacturer, failed to adequately warn users about this risk, and lawsuits seek compensation for medical expenses, lost wages, and pain and suffering.

New Jersey Sex Abuse Lawsuits

Under New Jersey law, anyone who has been the victim of sexual abuse or sexual assault can file a civil lawsuit and get financial compensation for the emotional harm caused by the abuse. Sexual abuse in New Jersey is defined as any type of non-consensual sexual touching or contact. Victims can file a New Jersey sex abuse lawsuit not only against the individual perpetrator, but also against third parties such as schools, or churches, who negligently enabled the abuse to occur.

New Jersey offers one of the most survivor-friendly legal landscapes in the country for victims of sexual abuse seeking justice. The state’s laws allow survivors to file lawsuits against both individual perpetrators and institutions that enabled or covered up the abuse.

If you or a loved one suffered sexual abuse in New Jersey, state law allows you to seek financial compensation for the trauma and harm caused. Survivors can sue not only their abuser but also schools, churches, youth organizations, medical institutions, and other entities that failed to protect them.

What Qualifies as Sexual Abuse Under New Jersey Law?

Sexual abuse in New Jersey is broadly defined under the law and includes any form of non-consensual sexual contact. For minors, consent is never a defense because children under 18 cannot legally consent to sexual activity. Common types of abuse include:

  • Sexual assault, rape, and molestation
  • Abuse by teachers, clergy, coaches, or medical professionals
  • Sexual abuse in schools, foster homes, juvenile detention centers, or group homes
  • Institutions covering up abuse instead of reporting it

Under New Jersey law, institutions may also be liable under premises liability and negligence laws if they failed to properly vet staff, ignored warning signs, or concealed abuse.

New Jersey as a Leading Venue for Sex Abuse Lawsuits

New Jersey has become a major battleground for mass tort sex abuse litigation due to its strong survivor protections and recent legal changes. Some of the biggest cases in the state have been filed against:

  • The Catholic Church – Lawsuits against the Archdiocese of Newark and other dioceses.
  • The Boy Scouts of America – Claims involving former scouts abused by troop leaders.
  • Public and Private Schools – Lawsuits for teacher and faculty misconduct.
  • Medical Institutions – Claims against doctors, therapists, and juvenile detention facilities.

New Jersey courts have played a crucial role in holding institutions accountable, often resulting in multi-million dollar settlements for survivors.

New Jersey’s Statute of Limitations for Sex Abuse Lawsuits

One of the most survivor-friendly aspects of New Jersey law is its extended statute of limitations for filing a sex abuse lawsuit.

Current Time Limits for Filing a Lawsuit

Under N.J.S.A. 2A:14-2a, survivors of childhood sexual abuse have:

  • Until age 55 to file a lawsuit OR
  • Within 7 years of discovering that the abuse caused them harm (whichever is later)

For adult victims of sexual assault, the standard statute of limitations is 2 years from the date of the assault. However, exceptions may apply under the discovery rule, which allows claims to proceed if the survivor only later recognizes the harm caused by the abuse.

Who Can Be Sued in a New Jersey Sex Abuse Lawsuit?

Survivors of sexual abuse in New Jersey can sue:

  • The abuser – The individual responsible for the abuse.
  • Employers and institutions – Schools, churches,  and youth organizations that failed to protect victims.
  • Government agencies – Public schools, juvenile detention centers, and state-run facilities.

It used to be that the path to avoiding sex abuse lawsuits was to cover up what happened.  That old playbook works less and less in 2025.  Many of the largest settlements and verdicts have been against institutions that failed to report known abusers or actively concealed abuse.  Because that makes juries mad and the fear of facing a jury leads to larger settlements.

Settlement Value of New Jersey Injury Cases

Jury Verdict Research conducted a study and found that the median award in a personal injury case is approximately $100,000.  This is twice the national average.  The bad news for New Jersey Plaintiffs is that they only win in 36 percent of personal injury cases that go to trial.

New Jersey has a good sample size to work with to compute this data.  Over 130,000 civil lawsuits are filed every year.  I don’t have data on how many of them are personal injury cases.  But I can estimate: a lot.

Sometimes, median and average jury verdict information is inflated because the state processes the overwhelming majority of tort claims in state district court or, as New Jersey calls it, Special Civil Part.  But New Jersey’s limit is $15,000 which is actually lower than most states.

But there is an important difference in New Jersey than some other states that does lead to an inflated average settlement value of New Jersey injury claims.  New Jersey has no-fault insurance, which means that victims bring more limited claims against their own insurance companies.   Traditional civil claims are available if the victim suffered a “significant” injury that causes a fracture, scar, dismemberment or other permanent injuries (what constitutes permanent injury is a real battlefield in New Jersey and New York).

New Jersey Personal Injury Verdicts and Settlements

Below are example settlement amounts and jury payouts in New Jersey personal injury lawsuits:

  • $8,000,000 (Essex County 2025): A 69-year-old woman suffered a subdural hematoma and a mild traumatic brain injury after being struck outside a Newark retail store during a chaotic pursuit of a suspected shoplifter. The store employees recklessly chased the suspect onto the sidewalk, where the fleeing individual collided with the woman, causing her to lose balance. Before she could recover, a 210-pound store employee crashed into her, violently knocking her to the ground. She sued the retailer, the store manager, and the property owner, alleging negligence and premises liability. The defense argue, somewhat ridiculously it would seem, that her preexisting strokes, rather than the fall, caused her injuries. Before trial, the defense offered $600,000 to settle, which the plaintiff’s attorneys wisely rejected. The plaintiff indicated she would have considered $2 million, but negotiations did not progress. After a trial, an Essex County jury unanimously awarded her $8 million for pain and suffering and medical expenses.

  • $4,500,000 (Middlesex County 2024): A woman suffered a severe leg fracture from tripping on a raised area rug at her sister’s home.   The homeowner was responsible for $2.4 million, including pre-judgment interest. The plaintiff, who underwent four surgeries, alleged the carpet was defective and failed to lie flat.  She also sued her sister was well who had homeowner’s insurer with State Farm.  The jury assigned 47% liability to the homeowner and 40% to a flooring company, though the latter settled before trial. In a huge mistake, State Farm declined to settle beyond $50,000, rejecting a proposed high-low agreement before the verdict.
  • $37,000,000 (Atlantic County 2024): A child was born with cerebral palsy after the negligent administration of the drug Pitocin during childbirth. The mother was given Pitocin without proper monitoring, causing excessive contractions that reduced blood flow to the baby’s brain, resulting in a stroke. The child now suffers from limited use of his left side and cognitive defects. After a two-week trial, the jury awarded $37 million, including $29,021,150 for pain and suffering, $5,481,023 for future care, and $3,045,923 for lost future income. The hospital staff, including two nurses and an obstetrician, were found at fault.

  • $1,000,000 Settlement (Washington Township 2024): A truck driver stopped to turn into a driveway. Another driver, operating a black BMW, crashed into the truck’s driver’s side front.  The injured worker suffered multiple back injuries, including compression fractures and bulging discs at multiple vertebrae locations. His injuries required posterior lateral spinal fusion, bone grafting, and lumbar and thoracic epidural steroid injections.  After efforts to settle this spinal fusion lawsuit at mediation failed, the case headed toward trial.  But shortly before trial, a $1 million settlement was reached.
  • $11,900,000 Settlement (Hoboken 2024): During an emergency Cesarean section at CarePoint Health Hoboken University Medical Center in July 2020, a woman suffered cardiac arrest, leading to permanent brain damage. Allegations in the complaint describe severe lapses in the resuscitation process, including a 10-minute delay in calling a Code Blue, failure to administer chest compressions, and underuse of available equipment like a defibrillator. Sixteen minutes passed before her heart resumed beating, leaving her minimally conscious and requiring long-term rehabilitation. The woman’s family settled their lawsuit for $11.9 million, with CarePoint Health contributing $10 million and an anesthesiology provider paying $1.9 million.
  • $1,400,000 Settlement (New Jersey 2024): The plaintiff was stopped at a sign and the truck, following too closely, failed to stop in time, hitting his vehicle from behind. Despite the safety measures like seatbelts, the impact led to the plaintiff’s head and legs striking the steering wheel, resulting in multiple injuries, including seven herniated and bulging discs, a rotator cuff tear, and an ACL tear. These injuries necessitated over a year of spinal and orthopedic surgeries and ongoing medical care projected to include procedures costing up to $100,000 each. The total medical expenses and other costs amounted to approximately $110,000. The plaintiff, previously in good health, now suffers from chronic pain and significantly reduced mobility and strength, impacting his daily life and work. This New Jersey truck accident lawsuit reached a settlement at a mediation.
  • $2,007,743 Verdict (New Jersey 2024):  The plaintiff’s estate brought a wrongful death and medical negligence case against a clinic, emergency physician, and orthopedic surgeon, alleging a delay in diagnosing and operating on necrotizing fasciitis. The decedent, a 54-year-old female, initially presented with sciatica and was discharged after an intramuscular injection. She returned days later with severe symptoms and was diagnosed with necrotizing fasciitis, toxic shock syndrome, and sepsis. Despite recommendations for immediate surgery, a delay ensued, and she went into cardiac arrest twice, eventually succumbing to toxic shock syndrome caused by streptococcus pyogenes group A. The court awarded $3,088,835 to the plaintiff, reduced to $2,007,743 due to a 35% pre-existing condition.
  • $1,205,000 Settlement (Middlesex County 2024): In Sayreville, New Jersey, a 58-year-old truck driver suffered critical injuries during a workplace accident at a construction equipment facility. While securing a diesel hammer onto his truck, a stack of heavy metal braces collapsed, crushing his leg and causing multiple fractures along with a severe ankle wound. The subsequent medical care included vascular surgeries, skin grafting, and extensive rehabilitation, which, despite best efforts, resulted in permanent scarring and mobility impairments that ended his driving career. He now holds a restricted role at his employer’s facility. The lawsuit attributed the accident to the facility’s negligence in safely managing the work environment, particularly the hazardous stacking of metal braces. The settlement, achieved through pre-trial negotiations, saw the facility’s insurance carriers disburse $1.25 million, acknowledging the significant injuries sustained.
  • $55,000,000 Verdict (Essex County 2024): A 28-year-old former coffee shop barista, who uses prosthetic legs and requires daily assistance due to a severe accident, was awarded $55 million by a New Jersey jury. The victim had both legs amputated after being pinned against a guardrail by a truck on Interstate 95. The accident actually happened in Maryland so Maryland law applied.  But the plaintiffs filed suit in New Jersey where the defendants were located.  After a two-week trial,  jury awarded compensation for her for past medical bills ($559,413), lost wages ($2.5 million), future medical bills ($25 million), and pain and suffering ($26.9 million). Initially, the trucking companies offered a stunningly ridiculous $150,000 to settle.
  • $25,000,000 Verdict (Middlesex County 2024): The plaintiff, now 39, was sexually assaulted by four men in the 1990s while in the state’s custody. The lawsuit highlighted the department’s failure to provide necessary psychotherapy after the plaintiff’s first assault at age six, which could have offered a safe space for recovery and helped prevent further abuse.  The plaintiff hired a New Jersey sex abuse lawyer who sued the Department of Children and Families, the 2019 law we have been talking about that extended the time survivors of sexual abuse have to sue their abusers. The jury found the state grossly negligent, attributing 99% of the fault to it and 1% to the assailants, without faulting any foster guardians. The plaintiff agreed to a $12 million award from a pre-trial high-low agreement that set a financial range for the outcome and waived all appeals.
  • $2,500,000 Verdict (Trenton 2024): A 63-year-old woman slipped on a greasy substance on the floor at an Outback Steakhouse in Green Brook, leading to a broken hip that necessitated surgical intervention. She required hospitalization for five days, followed by a six-day stay in a rehabilitation facility. Post-injury, she developed arthritis in the affected hip and was advised to undergo a total hip replacement. After a four-day trial, a federal jury in Trenton awarded $2.5 million for the woman’s injuries and an additional $250,000 to her husband for loss of consortium. For context, Outback had offered $250,000 to settle the case, while the demand from the plaintiff was set at $700,000.
  • $1,200,000 Settlement (Middlesex County 2024): A 17 year-old was ejected from his vehicle and killed after being rear-ended by a drunk driver driving at 105 mph. The driver had a blood-alcohol concentration of 0.193 and is serving a 17-year sentence for charges including aggravated manslaughter, was allegedly served alcohol while visibly intoxicated at two establishments prior to the accident. The family’s lawsuit contended that he was over-served despite visible signs of intoxication by two bars.
  •  $1,870,000 Verdict (Middlesex County 2024):  A 62-year-old administrative assistant, sustained a brain injury after tripping on a fireplace brick extension at a wedding reception held at The Cranbury Inn. Forman claimed the hearth extension was a safety hazard, violating standards set by the American National Standards Institute and the Americans with Disabilities Act, and lacked visual warnings. The defense argued no prior accidents had occurred and that the hearth passed all inspections. The woman suffered multiple injuries, including a mild traumatic brain injury, cognitive impairment, and tears in her right bicep and left knee, requiring surgery and ongoing treatment. She testified that the brain injury left her unable to work, causing her to lose her job and future earnings, while her husband sought damages for loss of consortium. After a nine-day trial, the jury awarded $1.87 million, with $402,596 for lost earnings and $1.35 million for pain and suffering, but the award was capped at $1 million under a pretrial high-low agreement.
  • $12,000,000 Settlement (Camden County 2023) — The plaintiff, a newborn, suffered hypoxic-ischemic brain injury resulting in spastic quadriplegic cerebral palsy and developmental delays during childbirth. The incident occurred under the care of Cooper University Hospital and related entities, where the obstetrics team continued administering Pitocin and delayed a Cesarean delivery despite worsening fetal monitor tracings and tachysystole. The plaintiff alleged that the medical team failed to properly interpret and respond to fetal heart rate tracings, manage intrauterine hypoxia, and coordinate care. The defendants settled for $12,000,000.
  • $950,000 Settlement (Monmouth County 2023):  A 61-year-old woman was rear-ended. She was stopped in traffic on Route 9 in Howell when another driver rear-ended her, pushing her car into the vehicle in front. Although her vehicle sustained minimal damage and she didn’t go to the hospital immediately, she later experienced cervical spine pain. She struggled to get an office appointment in New Jersey or near her home in Palm Beach Gardens, Florida, because of the pandemic. She finally saw a doctor who recommended a three-level cervical spine fusion based on an MRI. Seeking alternative treatment, she consulted another doctor in Reston, Virginia (this woman saw a lot of doctors in different jurisdictions, right?), who suggested a disc replacement for better functionality. However, during surgery, the spinal damage was found to be too severe, necessitating a three-level cervical fusion on both the posterior and anterior sides. The defendant argued, as they often do, that the delay in treatment showed the accident did not cause her injuries.  But the insurer agreed to a $950,000 settlement payout after mediation with a retired judge.
  • $13,000,000 Settlement (Hudson County 2023): A pregnant woman experienced severe pain and went to a hospital. Everyone agrees her baby was in distress. The hospital argued it was justified to wait, given potential pre-existing issues in a 28-week-old fetus. The child develops cerebral palsy from lack of oxygen during the delay. The case settled for $13 million.
  • $2,710,000 Verdict (Middlesex County 2023): A wheel struck the plaintiff’s truck . He ducked to avoid the wheel, resulting in an injury caused by the passenger-side airbag. Although he had been in two other vehicle collisions, the focus of the trial was on the cause of his neck injury. The defense argued the injury could have been due to a pre-existing condition or a later crash. However, the jury attributed the man’s medical bills to the accident and awarded him for pain, suffering, and disability. After rejecting earlier settlement offers, the defense faces potential claims for failing to negotiate in good faith.  To underscore how these cases often go, the plaintiff demanded $350,000.  The defendant offered $35,000.
  • $15,000 Verdict (Atlantic County 2023): The plaintiff, 8-years-old, reportedly suffered a C2-3 disc herniation impinging on the thecal sac and left nerve root after the vehicle in which he was a passenger was involved in a hit and run accident with an unidentified driver. An uninsured motorist claim was asserted against defendant Allstate Insurance Company.
  • $17,500 Settlement (Atlantic County 2023): Plaintiff, a minor, claimed to suffer a right wrist strain after she slipped and fell at defendant Hamilton Mall. The plaintiff contended that the defendant was negligent in failing to keep the premises in a safe condition, causing a dangerous and hazardous condition to exist, allowing a nuisance to exist, and failing to correct a known defect on the premises.
  • $63,497 Settlement (Essex County 2023): The plaintiff, a minor, claimed he was attacked by the defendant’s dog without provocation resulting in a facial laceration with minimal scarring. The defendant was held strictly liable under New Jersey’s dog bite law and his home owner’s insurance settled the claim.
  • $25,000 Settlement (Cape May County 2022): The plaintiff, a 13-year-old female, reportedly sustained a fracture of the anterior process of the left calcaneus when she was struck while riding her bicycle by an allegedly underinsured motorist. After the driver tendered his policy limits of $15,000, the plaintiff, filed an underinsured motorist claim with defendant GEICO. Claim was settled for $25,000.
  • $50,000 Settlement (Middlesex County 2022): The plaintiff allegedly suffered dog bites and psychological trauma in the form of post-traumatic stress disorder in an attack by a pit bull owned by defendants. Lawsuit asserted strict liability against the defendants as owners of the dog.
  • $3,500,000 Verdict (Middlesex County 2020): A woman suffered the aggravation of her lumbar and cervical herniations after her vehicle was rear-ended. She initially sustained her disc herniations several years prior in a sideswipe collision. The received injections but did not seek surgical treatment for her aggravated condition. A Middlesex County jury awarded the woman $3,500,000. This consisted of $2,500,000 in non-economic losses and $1,000,000 in economic losses.
  • $500,000 Settlement (Bergen County 2019): A 72-year-old man underwent his third spinal surgery. The procedure lasted six hours. He was in a hypotensive state for much of the procedure, causing hypoperfusion that left him blind. The man alleged that the anesthesiologist failed to properly monitor him. The anesthesiologist denied negligence, contending that he properly monitored the patient and acted appropriately. He contended that the man’s medical history of diabetes caused his blindness. The man died from unrelated causes two years after the surgery. This case settled for $500,000.
  • $27,000 Verdict (Hudson County 2019): Plaintiff slipped and fell on a patch of ice on a sidewalk in front of a rental house owned and managed by Defendant.  Plaintiff broke her ankle and claimed that the injury would result in a permanent impairment and scarring.  The jury in Hudson County awarded $27,000 in damages.

Hiring a New Jersey Personal Injury Lawyer

Our firm focuses on severe injury and wrongful death lawsuits. Though we are a national law firm, we collaborate with local attorneys in New Jersey – the best New Jersey lawyers we know – to maximum settlement amounts and jury payouts for our client’s personal injury and wrongful death cases.

Wondering about the costs of having two law firms represent you? It costs you nothing extra. We shoulder the expenses for your New Jersey lawyers, partnering only with the best, and the costs come from our attorneys’ fees.  This is really important – you don’t have to guess who is the best personal injury lawyer in New Jersey.  We are picking out the local attorney for you. You won’t be billed any additional contingency fees for the collaboration of two law firms over one.  The fee is exactly the same. Moreover, you only incur a fee if you secure a settlement or receive a jury payout.

If you’ve experienced an injury and think you might have a valid civil claim, reach out to us today at 800-553-8082 or request a free, no-obligation consultation online.

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