New Jersey · Updated
Injured in New Jersey: deadlines, rules and lawyers
Most of what to do after an injury is the same everywhere. A few New Jersey rules have dates attached, and one is only 90 days. Here they are in plain words, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in New Jersey yet. You can still check how to look up a lawyer’s license.
Know this first
Step 1: Two years to file in court
2 yearsfor most injury lawsuits
In New Jersey, most injury lawsuits must be filed in court within two years1. When the clock starts is decided by case law.
If someone died, a wrongful-death lawsuit must start within two years after the death2. There is no time limit if the death came from a murder or manslaughter and a court found the person responsible. That includes a conviction, a finding of not guilty by reason of insanity, or a finding of delinquency2. Wrongful death: the basics explains these claims.
Some claims have other periods. The list of New Jersey deadlines below gives the exceptions with the statute text.
The law, as written
Some claims have different or shorter deadlines. Ask any firm you call which one applies to you.
Personal injury2 years
In New Jersey, every action for an injury to the person caused by another's wrongful act, neglect or default “shall be commenced within two years next after the cause of any such action shall have accrued”1.
Wrongful death2 years from death
In New Jersey, a wrongful-death action “shall be commenced within 2 years after the death of the decedent”2. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity or adjudicated delinquent, the action may be brought at any time2.
If a city, county, town, school district or State agency was involved
Step 2: Claims against the state or a city: notice within 90 days
If you were hurt by a public vehicle, on public property, or by a public employee, a much shorter step comes first. You must file a written claim with the public body within 90 days. The law calls this a “notice of claim”3.
- Where it goesA claim against the State goes to the Attorney General or to the State department or agency involved. A claim against a city, county or other local body goes to that body4.
- What the claim saysYour name and address, and where to send notices. The date, place and facts of what happened. The injury so far. Who caused it, if known. And the amount you are claiming, with how you worked it out5.
- Then the lawsuitYou must wait six months after the body receives the claim before you sue. The lawsuit is barred once two years have passed since the claim arose3.
- If you missed the 90 daysYou can ask a judge to accept a late claim. It must be within one year after the claim arose, and you must show “extraordinary circumstances”. The judge decides. It is allowed only if the delay has not “substantially prejudiced” (badly hurt) the public body6.
Find out early
If a bus, police car, city truck, sidewalk, public road or public building was part of what happened, ask a lawyer about the notice soon. Ninety days can pass quickly while you are recovering.
The law, as written
Claims against public entities (Tort Claims Act)90-day notice; suit within 2 years
Under the New Jersey Tort Claims Act, a claim for death or for injury to person or property must be presented “not later than the 90th day after accrual of the cause of action”3. The claimant may file suit after six months from the date the public entity receives the notice3, and is barred if two years have elapsed since accrual3.
More detail
In New Jersey, a judge of the Superior Court may permit a late notice within one year after accrual, on a motion supported by affidavits showing “extraordinary circumstances”, if the public entity has not been substantially prejudiced6.
In New Jersey, a claim against the State is filed with the Attorney General or the department or agency involved; a claim against a local public entity is filed with that entity4. The statute lists what the claim must contain5.
Good to know
Step 3: If you were partly at fault
Your own share of the fault doesn’t shut you out, as long as it is “not greater than” the fault of the people you are suing put together. Your damages (the money for your harm) are cut by your share7. So at exactly 50% you still recover half. Above 50% you recover nothing.
- Damages the court finds
- $100,000
- Your share of the fault: 20%
- You recover $80,000
- Your share of the fault: 50%
- You recover $50,000
- Your share of the fault: 60%
- You recover nothing
These numbers only show how the percentages work. They are not typical amounts7.
This is one reason not to guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
The law, as written
Bar to recovery51% bar
In New Jersey, a plaintiff's negligence does not bar recovery if it “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”7.
If you were hurt in a car crash, or hit while walking
Step 4: Car crashes: no-fault insurance and your right to sue
A standard New Jersey car policy must include personal injury protection, often called PIP. It pays no matter who was at fault8. It covers you and family who live with you, in a car or on foot when a car hits you. It also covers people you let ride in your car8.
- Medical billsUp to $250,000 per person for each crash8. You may have picked a lower amount: $150,000, $75,000, $50,000 or $15,000. If you picked none in writing, you have $250,000. Even with a lower amount, care for some serious injuries, such as a brain or spinal cord injury, can be paid up to $250,0009. Your policy may also have a deductible, the part you pay first9.
- Lost payIf you earn an income, up to $100 a week and $5,200 in all8. The law lets a policy leave this out, so check yours9.
Your policy also has one of two choices about suing for “noneconomic loss”. The law means pain, suffering and inconvenience10. The choice also covers your spouse and children who live with you, unless they have a car policy of their own11.
- Limit on lawsuitIf you never chose in writing, you have this one11. You can sue for pain and suffering only for six kinds of injury. They are death, loss of a body part, significant scars or disfigurement, a displaced (out of place) broken bone, loss of a fetus, or a permanent injury. Permanent means the body part has not healed to work normally, and won’t with more treatment12.
- No limit on lawsuitYou can sue for pain and suffering for any injury from the crash12. The form you signed shows the price difference between the two choices11.
- A doctor’s statementWith the limit, you need a statement from your treating doctor, or a board-certified doctor they sent you to. It is signed under penalty of perjury. You have 60 days after the other side answers your lawsuit to give it to them. It must say you have one of the injuries above, based on objective medical evidence such as tests. A court can give one more period of up to 60 days, for good cause12.
Your choice is on the coverage form you signed11. If you can’t find it, ask your insurance company which one you have.
Some people have a different policy, or none. Here is what changes.
- A “basic” policyPIP pays up to $15,000 of medical bills per person for each crash. Care for some serious injuries, such as a brain or spinal cord injury, can be paid up to $250,00013. A basic policy always has the limit on lawsuit13.
- A “special” policyThis policy is only for people on Medicaid14. It pays emergency care up to $250,000 per person, and $10,000 if the person dies. It always has the limit on lawsuit14.
- Driving a car you had to insure, but didn’tIf you were hurt while driving a car you had to insure but didn’t, you can’t sue for any of your losses from the crash15. The same is true if you are convicted of, or plead guilty to, drunk driving for the crash15.
- Hit while walking or on a bikeA person on a bike counts as a pedestrian. Your own PIP covers you16. If no car policy covers you, a state fund may pay. It is called the Unsatisfied Claim and Judgment Fund17. It pays up to $250,000 of medical bills. You pay the first $250 and 20% of the next $4,75017. It is for New Jersey residents and some others. It is not for people with their own uninsured-driver cover18.
See a doctor soon
Get checked after a crash even if you feel fine. It protects your health, and it creates a record. What to do after a car accident covers the first days step by step.
If a doctor, hospital or clinic was involved
Step 5: Medical malpractice
The general two-year limit covers injury caused by a doctor’s carelessness too1.
- A sworn statement from an expertAfter the doctor or hospital answers the lawsuit, you have 60 days to give them a sworn statement from a qualified licensed person. It says the care was probably below accepted standards. A court can give one more period of up to 60 days, for good cause19.
- Injuries at birthA claim for a baby hurt at birth must start before the child’s 13th birthday1. If the parents have not sued by the 12th birthday, the child, or an adult the child chooses, may sue1.
These claims take time
A lawyer usually needs your records and a doctor’s review before filing. If you think you have a claim, it helps to start early. How to get your medical records explains how to ask for them.
The law, as written
Medical malpractice2 years; birth injuries before age 13
New Jersey's two-year personal-injury statute covers medical malpractice: the same subsection that sets the two-year period makes an exception only for a minor's medical-malpractice action for injuries sustained at birth, which must be commenced before the minor's 13th birthday1. If the parent or guardian has not sued by the minor's 12th birthday, the minor or an adult the minor designates may sue, and may ask the court to appoint a guardian ad litem1.
More detail
In New Jersey, within 60 days after the defendant files an answer, the plaintiff in a professional-malpractice case must give each defendant an affidavit of an appropriate licensed person that the care probably fell outside acceptable standards; the court may allow one more period of up to 60 days for good cause19.
If they were under 18
Step 6: If the injured person is a child
The time before a child turns 18 doesn’t count. After that, they have the same time as anyone else20. For most injury claims that is two years, so usually until their 20th birthday1.
Birth injuries caused by a doctor’s carelessness are different. Those claims must start before the child’s 13th birthday20.
For claims against a public body, the law says a child may still start the case within its time limits after turning 183. How that works with the 90-day notice is a question for a lawyer.
The law, as written
MinorsTolled to age 18
In New Jersey, a person under 18 (or with a mental disability that prevents commencing a legal action) when a personal-injury claim accrues may commence the action within the limitations period after reaching majority or regaining capacity20. A medical-malpractice action for injuries sustained at birth must be commenced before the minor's 13th birthday201.
More detail
Under the New Jersey Tort Claims Act, nothing in the 90-day and two-year rules prohibits a minor from commencing an action within those time limits after reaching majority3.
Next
Step 7: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a city, insurance company or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in New Jersey, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, does a notice need to go to a government body, and by when?
How to check a lawyer’s license in New Jersey
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
Case types
Each case type’s page has New Jersey’s deadline and rules for it.
More about deadlines
- What to do after a car accident: learn your deadline
Plain steps after a crash: stay safe, get care, keep a record, talk to insurance companies carefully, and learn your state’s deadline to file.
- After a truck accident: your deadline to file still applies
How a crash with a big commercial truck differs from a car crash: federal safety rules, more than one company involved, larger insurance, and records that are only kept for a while.
- After a motorcycle or bike crash: your deadline to file
What’s different when you were on a motorcycle or a bicycle: keeping your helmet and gear, your rights on the road, helmet rules, fault, road hazards and insurance.
- Hit by a car while walking: your deadline to file
What to do if a car hit you while you were walking: first steps, the evidence that disappears fastest, whose insurance may pay, how fault gets argued, and your deadlines.
- After a slip and fall: your deadline to file
What to do after you fall on someone else’s property: get care, report it, keep a record, and learn the questions that decide a premises case, including falls on public property and at work.
- Wrongful death basics: the deadline often starts at the death
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
- Hurt at work: your deadlines
What to do after an injury on the job: get care, tell your employer in writing, and learn how workers’ compensation works and when a separate injury claim against someone else may exist.
- After a dog bite: your deadline to file
What to do after a dog bites you or your child: get care, find out who owns the dog, keep a record, and learn how state rules on dog bites differ.
- After a head or brain injury: deadlines keep running while you recover
What to do after a head injury from a crash, a fall or another accident: get checked, keep a record of how you feel, get help from family, and why legal deadlines keep running while you recover.
- When medical care goes wrong: deadlines are often different, and strict
What to do if you think a doctor, hospital or clinic hurt you: get care, get your records, and learn the extra steps and short deadlines that medical-malpractice claims often have, state by state.
- Deadlines in every state
The usual deadline in all 50 states and DC, side by side. Where we haven’t checked one yet, we say so.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- N.J. Stat. Ann. § 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; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday. b. In the event that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth is not commenced by the minor's parent or guardian prior to the minor's 12th birthday, the minor or a person 18 years of age or older designated by the minor to act on the minor's behalf may commence such an action. For this purpose, the minor or designated person may petition the court for the appointment of a guardian ad litem to act on the minor's behalf.”Read the source: N.J. Stat. Ann. § 2A:14-2
- N.J. Stat. Ann. § 2A:31-3“Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter, provided, however, that if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity or adjudicated delinquent, the action may be brought at any time.”Read the source: N.J. Stat. Ann. § 2A:31-3
- N.J. Stat. Ann. § 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. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if: a. The claimant failed to file the claim with the public entity within 90 days of accrual of the claim except as otherwise provided in N.J.S.59:8-9; or b. Two years have elapsed since the accrual of the claim; or c. The claimant or the claimant's authorized representative entered into a settlement agreement with respect to the claim. Nothing in this section shall prohibit a minor or a person who is mentally incapacitated from commencing an action under this act within the time limitations contained herein, after reaching majority or returning to mental capacity.”Read the source: N.J. Stat. Ann. § 59:8-8
- N.J. Stat. Ann. § 59:8-7“A claim for damage or injury arising under this act against the State shall be filed either with (1) the Attorney General or (2) the department or agency involved in the alleged wrongful act or omission. A claim for injury or damages arising under this act against a local public entity shall be filed with that entity.”Read the source: N.J. Stat. Ann. § 59:8-7
- N.J. Stat. Ann. § 59:8-4“A claim shall be presented by the claimant or by a person acting on his behalf and shall include: a. The name and post office address of the claimant; b. The post-office address to which the person presenting the claim desires notices to be sent; c. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted; d. A general description of the injury, damage or loss incurred so far as it may be known at the time of presentation of the claim; e. The name or names of the public entity, employee or employees causing the injury, damage or loss, if known; and f. The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed.”Read the source: N.J. Stat. Ann. § 59:8-4
- N.J. Stat. Ann. § 59:8-9“A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.”Read the source: N.J. Stat. Ann. § 59:8-9
- N.J. Stat. Ann. § 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. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering.”Read the source: N.J. Stat. Ann. § 2A:15-5.1
- N.J. Stat. Ann. § 39:6A-4“Except as provided by section 45 of P.L.2003, c.89 (C.39:6A-3.3) and section 4 of P.L.1998, c.21 (C.39:6A-3.1), every standard automobile liability insurance policy issued or renewed on or after the effective date of P.L.1998, c.21 (C.39:6A-1.1 et al.) shall contain personal injury protection benefits for the payment of benefits without regard to negligence, liability or fault of any kind, to the named insured and members of his family residing in his household who sustain bodily injury as a result of an accident while occupying, entering into, alighting from or using an automobile, or as a pedestrian, caused by an automobile or by an object propelled by or from an automobile, and to other persons sustaining bodily injury while occupying, entering into, alighting from or using the automobile of the named insured, with permission of the named insured. "Personal injury protection coverage" means and includes: a. Payment of medical expense benefits in accordance with a benefit plan provided in the policy and approved by the commissioner, for reasonable, necessary, and appropriate treatment and provision of services to persons sustaining bodily injury, in an amount not to exceed $250,000 per person per accident. … b. Income continuation benefits. The payment of the loss of income of an income producer as a result of bodily injury disability, subject to a maximum weekly payment of $100. Such sum shall be payable during the life of the injured person and shall be subject to an amount or limit of $5,200, on account of injury to any one person in any one accident, except that in no case shall income continuation benefits exceed the net income normally earned during the period in which the benefits are payable. … Benefits payable under this section shall: (1) Be subject to any option elected by the policyholder pursuant to section 13 of P.L.1983, c.362 (C.39:6A-4.3); …”Read the source: N.J. Stat. Ann. § 39:6A-4
- N.J. Stat. Ann. § 39:6A-4.3“13. Personal injury protection coverage options. With respect to personal injury protection coverage provided on an automobile in accordance with section 4 of P.L.1972, c.70 (C.39:6A-4), the automobile insurer shall provide the following coverage options: a. Medical expense benefit deductibles in amounts of $500.00, $1,000.00, $2,000.00 and $2,500.00 for any one accident; b. The option to exclude all benefits offered under subsections b., c., d., and e. of section 4; … e. Medical expense benefits in amounts of $150,000, $75,000, $50,000 or $15,000 per person per accident; except that, medical expense benefits shall be paid in an amount not to exceed $250,000 for all medically necessary treatment of permanent or significant brain injury, spinal cord injury or disfigurement or for medically necessary treatment of other permanent or significant injuries rendered at a trauma center or acute care hospital immediately following the accident and until the patient is stable, no longer requires critical care and can be safely discharged or transferred to another facility in the judgment of the attending physician. The coverage election form shall contain a statement, clearly readable and in 12-point bold type, in a form approved by the commissioner, that election of any of the aforesaid medical expense benefits options results in less coverage than the $250,000 medical expense benefits coverage mandated prior to the effective date of P.L.1998, c.21. If none of the aforesaid medical expense benefits options is affirmatively chosen in writing, the policy shall provide $250,000 medical expense benefits coverage; …”Read the source: N.J. Stat. Ann. § 39:6A-4.3
- N.J. Stat. Ann. § 39:6A-2“2. As used in this act: … h. "Pedestrian" means any person who is not occupying, entering into, or alighting from a vehicle propelled by other than muscular power and designed primarily for use on highways, rails and tracks. i. "Noneconomic loss" means pain, suffering and inconvenience. …”Read the source: N.J. Stat. Ann. § 39:6A-2
- N.J. Stat. Ann. § 39:6A-8.1“a. Election of a tort option pursuant to section 8 of P.L. 1972, c. 70 (C. 39:6A-8) shall be in writing and signed by the named insured on the coverage selection form required by section 17 of P.L. 1983, c. 362 (C. 39:6A-23). The form shall state the percentage difference in the premium rates or the dollar savings between the two tort options. The tort option elected shall apply to the named insured and any immediate family member residing in the named insured's household. "Immediate family member" means the spouse of the named insured and any child of the named insured or spouse residing in the named insured's household, who is not a named insured under another automobile insurance policy. b. If the named insured fails to elect, in writing, any of the tort options offered pursuant to section 8 of P.L. 1972, c. 70 (C. 39:6A-8), the named insured shall be deemed to elect the tort option of subsection a. of that section 8. c. The tort option elected by a named insured for an automobile policy issued or renewed on or after January 1, 1989 shall continue in force as to subsequent renewal or replacement policies until the insurer or its authorized representative receives a properly executed form electing the other tort option. d. The tort option elected by the named insured shall apply to all automobiles owned by the named insured and to any immediate family member who is not a named insured under another automobile insurance policy, except that in the case where more than one policy is applicable to the named insured or immediate family member, and the policies have different tort options, the tort option elected by the injured named insured shall apply or, in the case of an immediate family member who is not a named insured and is injured in an accident involving an automobile to which a policy issued to a named insured in the household of the injured immediate family member applies, the tort option elected by that named insured shall apply. …”Read the source: N.J. Stat. Ann. § 39:6A-8.1
- N.J. Stat. Ann. § 39:6A-8“One of the following two tort options shall be elected, in accordance with section 14.1 of P.L.1983, c.362 (C.39:6A-8.1), by any named insured required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4): a. Limitation on lawsuit option. Every owner, registrant, operator or occupant of an automobile to which section 4 of P.L.1972, c.70 (C.39:6A-4), personal injury protection coverage, section 4 of P.L.1998, c.21 (C.39:6A-3.1), medical expense benefits coverage, or section 45 of P.L.2003, c.89 (C.39:6A-3.3) regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, is hereby exempted from tort liability for noneconomic loss to a person who is subject to this subsection and who is either a person who is required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4), medical expense benefits pursuant to section 4 of P.L.1998, c.21 (C.39:6A-3.1) or benefits pursuant to section 45 of P.L.2003, c.89 (C.39:6A-3.3), or is a person who has a right to receive benefits under section 4 of P.L.1972, c.70 (C.39:6A-4), section 4 of P.L.1998, c.21 (C.39:6A-3.1) or section 45 of P.L.2003, c.89 (C.39:6A-3.3), as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this State, unless that person has sustained a bodily injury which results in death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; or a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. For the purposes of this subsection, "physician" means a physician as defined in section 5 of P.L.1939, c.115 (C.45:9-5.1). In order to satisfy the tort option provisions of this subsection, the plaintiff shall, within 60 days following the date of the answer to the complaint by the defendant, provide the defendant with a certification from the licensed treating physician or a board-certified licensed physician to whom the plaintiff was referred by the treating physician. The certification shall state, under penalty of perjury, that the plaintiff has sustained an injury described above. The certification shall be based on and refer to objective clinical evidence, which may include medical testing, except that any such testing shall be performed in accordance with medical protocols pursuant to subsection a. of section 4 of P.L.1972, c.70 (C.39:6A-4) and the use of valid diagnostic tests administered in accordance with section 12 of P.L.1998, c.21 (C.39:6A-4.7). Such testing may not be experimental in nature or dependent entirely upon subjective patient response. The court may grant no more than one additional period not to exceed 60 days to file the certification pursuant to this subsection upon a finding of good cause. … b. No limitation on lawsuit option. As an alternative to the basic tort option specified in subsection a. of this section, every owner, registrant, operator, or occupant of an automobile to which section 4 of P.L.1972, c.70 (C.39:6A-4), personal injury protection coverage, section 4 of P.L.1998, c.21 (C.39:6A-3.1), medical expense benefits coverage, or section 45 of P.L.2003, c.89 (C.39:6A-3.3), regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, shall be liable for noneconomic loss to a person who is subject to this subsection and who is either a person who is required to maintain the coverage mandated by P.L.1972, c.70 (C.39:6A-1 et seq.) or is a person who has a right to receive benefits under section 4 of that act (C.39:6A-4), as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this State.”Read the source: N.J. Stat. Ann. § 39:6A-8
- N.J. Stat. Ann. § 39:6A-3.1“4. As an alternative to the mandatory coverages provided in sections 3 and 4 of P.L.1972, c.70 (C.39:6A-3 and 39:6A-4), any owner or registered owner of an automobile registered or principally garaged in this State may elect a basic automobile insurance policy providing the following coverage: … a. Personal injury protection coverage, for the payment of benefits without regard to negligence, liability or fault of any kind, to the named insured and members of his family residing in his household, who sustained bodily injury as a result of an accident while occupying, entering into, alighting from or using an automobile, or as a pedestrian, caused by an automobile or by an object propelled by or from an automobile, and to other persons sustaining bodily injury while occupying, entering into, alighting from or using the automobile of the named insured, with the permission of the named insured. "Personal injury protection coverage" issued pursuant to this section means and includes payment of medical expense benefits, as provided in the policy and approved by the commissioner, for the reasonable and necessary treatment of bodily injury in an amount not to exceed $15,000 per person per accident; except that, medical expense benefits shall be paid in an amount not to exceed $250,000: (1) for all medically necessary treatment of permanent or significant brain injury, spinal cord injury or disfigurement or (2) for medically necessary treatment of other permanent or significant injuries rendered at a trauma center or acute care hospital immediately following the accident and until the patient is stable, no longer requires critical care and can be safely discharged or transferred to another facility in the judgment of the attending physician. … c. In addition to the aforesaid coverages required to be provided in a basic automobile insurance policy, optional liability insurance coverage insuring against loss resulting from liability imposed by law for bodily injury or death in an amount or limit of $10,000, exclusive of interests and costs, on account of injury to, or death of, one or more persons in any one accident. … Every named insured and any other person to whom the basic automobile insurance policy, with or without the optional $10,000 liability coverage insuring against loss resulting from liability imposed by law for bodily injury or death provided for in subsection c. of this section, applies shall be subject to the tort option provided in subsection a. of section 8 of P.L.1972, c.70 (C.39:6A-8). …”Read the source: N.J. Stat. Ann. § 39:6A-3.1
- N.J. Stat. Ann. § 39:6A-3.3“… The special automobile insurance policy shall be offered only to individuals who qualify for and are actively covered by designated government subsidized programs in the State. … In setting the low income criteria, the commissioner shall limit availability to those persons eligible and enrolled in the federal Medicaid program. … (1) Emergency personal injury protection coverage, for the payment of benefits without regard to negligence, liability or fault of any kind, only to the named insured and dependent members of his family, as defined by the federal Medicaid program, residing in his household, who sustain bodily injury as a result of an accident while occupying, entering into, alighting from or using an automobile, or as a pedestrian, caused by an automobile or by an object propelled by or from an automobile, and to other persons sustaining bodily injury while occupying, entering into, alighting from or using the automobile of the named insured, with the permission of the named insured. "Emergency personal injury protection coverage" issued pursuant to this section means and includes only payment of treatment for emergency care in an amount not to exceed $250,000 per person per accident. … (2) Death benefit in the amount of $10,000; … (3) The tort option provided in subsection a. of section 8 of P.L.1972, c.70 (C.39:6A-8) shall apply to every named insured and any other person to whom the special automobile insurance policy applies. … c. A special automobile insurance policy shall not provide liability, collision, comprehensive, uninsured or underinsured motorist coverage. …”Read the source: N.J. Stat. Ann. § 39:6A-3.3
- N.J. Stat. Ann. § 39:6A-4.5“14. a. Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by section 4 of P.L.1972, c.70 (C.39:6A-4), section 4 of P.L.1998, c.21 (C.39:6A-3.1) or section 45 of P.L.2003, c.89 (C.39:6A-3.3) shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident while operating an uninsured automobile. … b. Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), or a similar statute from any other jurisdiction, in connection with an accident, shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of the accident. … c. Any person acting with specific intent of causing injury to himself or others in the operation or use of an automobile shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident arising from such conduct. …”Read the source: N.J. Stat. Ann. § 39:6A-4.5
- N.J. Stat. Ann. § 39:6A-4.8“4. a. As used in this section, "pedestrian" means any person who is not occupying, entering into, or alighting from a vehicle propelled by other than muscular power and designed primarily for use on highways, rails, and tracks. "Pedestrian" shall include any person operating a bicycle or low-speed electric bicycle, as those terms are defined in R.S.39:1-1. … b. If a pedestrian is involved in an accident resulting in injury or death to the pedestrian, the injury or death shall be covered by the pedestrian's personal injury coverage in accordance with section 4 of P.L.1972, c.70 (C.39:6A-4). … L.2025, c.285, s.4. …”Read the source: N.J. Stat. Ann. § 39:6A-4.8
- N.J. Stat. Ann. § 39:6-86.1“7. When any person qualified to receive payments under the provisions of the "Unsatisfied Claim and Judgment Fund Law" suffers bodily injury or death as a pedestrian, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), caused by a motor vehicle, including an automobile as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), and a motorcycle, or by an object propelled therefrom, or arising out of an accident while occupying, entering into, alighting from, or using an automobile, registered or principally garaged in this State for which personal injury protection benefits under the "New Jersey Automobile Reparation Reform Act," P.L.1972, c.70 (C.39:6A-1 et seq.), or section 19 of P.L.1983, c.362 (C.17:28-1.3), would be payable to such person if personal injury protection coverage were in force and the damages resulting from such accident or death are not satisfied due to the personal injury protection coverage not being in effect with respect to such accident, or when a pedestrian suffers bodily injury as provided by section 35 of P.L.2003, c.89 (C.39:6-86.7) then in such event the Unsatisfied Claim and Judgment Fund shall provide, under the following conditions, the following benefits: … a. Medical expenses benefits. Payment of all medical expense benefits in accordance with a benefits plan, subject to the approval of the commissioner, for reasonable, necessary and appropriate treatment and provision of services in an amount not exceeding $250,000 per person per accident. … Medical expense benefit payments shall be subject to a deductible of $250.00 on account of injury in any one accident and a copayment of 20% of any benefits payable between $250.00 and $5,000.00. … b. Income continuation benefits. The payment of the loss of income of an income producer as a result of bodily injury disability, subject to a maximum weekly payment of $100.00. …”Read the source: N.J. Stat. Ann. § 39:6-86.1
- N.J. Stat. Ann. § 39:6-62“… "Association" means the New Jersey Property-Liability Insurance Guaranty Association created pursuant to P.L.1974, c.17 (C.17:30A-1 et seq.). … "Qualified person" means a resident of this State or the owner of a motor vehicle registered in this State or a resident of another state, territory, or federal district of the United States or province of Canada or of a foreign country, in which recourse is afforded, to residents of this State, of substantially similar character to that provided for by this act; provided, however, that no person shall be a qualified person where such person is an insured under a policy provision providing coverage for damages sustained by the insured as a result of the operation of an uninsured motor vehicle in a form authorized to be included in automobile liability policies of insurance delivered or issued for delivery in this State, pursuant to the provisions of, or any supplement to, chapter 28 of Title 17 of the Revised Statutes or in a form substantially similar thereto. …”Read the source: N.J. Stat. Ann. § 39:6-62
- N.J. Stat. Ann. § 2A:53A-27“In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person 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. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.”Read the source: N.J. Stat. Ann. § 2A:53A-27
- N.J. Stat. Ann. § 2A:14-21“If a person entitled to commence an action or proceeding specified in N.J.S.2A:14-1 to 2A:14-8 or N.J.S.2A:14-16 to 2A:14-20 or to a right or title of entry under N.J.S.2A:14-6 is under the age of 18 years or a person who has a mental disability that prevents the person from understanding his legal rights or commencing a legal action at the time the cause of action or right or title accrues, the person may commence the action or make the entry, within the time as limited by those statutes, after reaching majority or having the mental capacity to pursue the person's lawful rights. Notwithstanding the provisions of this section to the contrary, an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday, as provided in N.J.S.2A:14-2.”Read the source: N.J. Stat. Ann. § 2A:14-21
- N.J. Stat. Ann. § 39:6-86.5“… Any qualified person seeking to receive benefits as provided in sections 7 and 10 of this act shall comply with the provisions of section 5 of P.L.1952, c. 174 (C. 39:6-65) and payment under these sections shall be payable to the qualified person entitled to receive such benefits, as the loss accrues, upon receipt of reasonable proof of such loss and without the need of a judgment as to damages, or a hearing as provided in section 10 of P.L.1954, c. 174 (C. 39:6-70) or an order for payment as provided in section 11 of P.L.1954, c. 174 (C. 39:6-71). …”Read the source: N.J. Stat. Ann. § 39:6-86.5
- N.J. Stat. Ann. § 39:6-65“5. Any qualified person, or the personal representative of such person, who suffers damages resulting from bodily injury or death or damage to property arising out of the ownership, maintenance or use of a motor vehicle in this State on or after April 1, 1955, and whose damages may be satisfied in whole or in part from the fund, shall, except in cases in which the claim is asserted by actions brought under section 18 of this act pursuant to section 19 of this act, within 180 days after the accident, as a condition precedent to the right thereafter to apply for payment from the fund, give notice to the association, the form and contents of which shall be prescribed by the association, of his intention to make a claim thereon for such damages if otherwise uncollectible; provided, any such qualified person may, in lieu of giving said notice within said time, make proof to the court on the hearing of the application for the payment of a judgment (a) that he was physically incapable of giving said notice within said period and that he gave said notice within 180 days after he became physically capable to do so …”Read the source: N.J. Stat. Ann. § 39:6-65
This is general information, not legal advice.