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Negligence Law

Modified Comparative Negligence (51% Bar)

New Jersey follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.

Damage Caps

No Cap

No limit on non-economic damages

Statute of Limitations

2 years for personal injury

Deadline to file your lawsuit

Understanding New Jersey's Negligence Law

What is Modified Comparative Negligence (51% Bar)?

New Jersey follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.

Example:

If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.

Damage Caps in New Jersey

Additional research needed for specific cap amounts

Personal Injury Statistics in New Jersey

Average Settlement

$0

Based on reported cases in New Jersey

Cases Filed Annually

5,608

Personal injury lawsuits per year

In-Depth Guide to New Jersey Personal Injury Law

Notable New Jersey Personal Injury Cases
Landmark cases that shaped New Jersey law

New Jersey follows modified comparative negligence with a 51% bar rule. The Ramos v. Browning Ferris Industries (1997) case addressed employer and contractor liability.

New Jersey's pharmaceutical industry has produced massive litigation, with many drug manufacturers headquartered in the state. Cases involving dangerous medications have resulted in billions in settlements.

The state has significant toxic tort litigation, with Superfund sites and industrial contamination creating complex environmental injury cases.

Filing a Lawsuit in New Jersey
Court procedures and requirements

New Jersey personal injury cases are filed in Superior Court, with 21 vicinages. Essex County (Newark) and Bergen County handle substantial civil litigation.

New Jersey follows the New Jersey Court Rules. The state uses case management and mandatory arbitration for cases under $50,000.

New Jersey courts require mandatory arbitration for smaller claims. Settlement conferences and mediation are encouraged for all cases.

Choosing a Personal Injury Attorney in New Jersey
What to look for in local representation

New Jersey attorneys are licensed by the New Jersey Board of Bar Examiners. The state's sophisticated legal market offers many specialized attorneys.

The New Jersey Association for Justice is the state's primary plaintiff attorney organization. Pharmaceutical and toxic tort experience is valuable.

Contingency fees in New Jersey are regulated and typically follow a sliding scale. New Jersey has no general damage caps.

Understanding New Jersey's Statute of Limitations
Critical deadlines for your claim

New Jersey's statute of limitations for personal injury is 2 years under N.J.S.A. § 2A:14-2. This applies to most negligence claims.

Medical malpractice also has a 2-year limit. Claims against New Jersey government entities require 90-day notice under the New Jersey Tort Claims Act.

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This calculator provides estimates only and is not legal advice. Laws in New Jersey are complex and individual case results vary. Consult a licensed New Jersey attorney for advice specific to your case.

New Jersey Car Accident Calculator 2025 | 51% Bar Rule | SettlementCalcUSA