Understanding New Jersey Personal Injury Laws and Settlement Values

Personal injury law in New Jersey covers a wide range of cases, including auto accidents, medical malpractice, dog bites, and product liability claims. This guide provides an overview of the key laws governing these cases, the factors influencing settlement values, and examples of recent verdicts and settlements in New Jersey.

Key New Jersey Laws Affecting Personal Injury Cases

1. Auto Accident Laws

New Jersey follows a no-fault insurance system, meaning that after an accident, an injured person’s own Personal Injury Protection (PIP) insurance covers medical expenses, regardless of who was at fault. However, certain circumstances allow victims to step outside the no-fault system and file a lawsuit against the at-fault driver.

• Limited vs. Unlimited Right to Sue:
  • If a driver selects the limited right to sue, they can only file a personal injury claim for severe injuries, such as permanent disfigurement, loss of a body part, or wrongful death.
  • With the unlimited right to sue, the injured party can pursue compensation for all injuries, including pain and suffering, without restrictions.
• Comparative Negligence Rule: New Jersey follows a modified comparative negligence rule (51% rule), meaning a plaintiff can recover damages as long as they are not more than 50% at fault for the accident. If they are found 51% or more at fault, they cannot recover compensation.

2. Medical Malpractice Laws

Medical malpractice cases arise when a healthcare provider’s negligence leads to injury or death.

• Statute of Limitations: Victims must file a lawsuit within two years from the date of injury or when they reasonably should have discovered the malpractice.
• Affidavit of Merit: New Jersey requires plaintiffs to submit an Affidavit of Merit from a qualified medical professional stating that the healthcare provider’s conduct fell below the accepted standard of care.
• Damage Caps: Unlike some states, New Jersey does not impose a cap on economic or non-economic damages in medical malpractice cases.

3. Dog Bite Laws

New Jersey has a strict liability law for dog bites, meaning owners are automatically liable if their dog bites someone, regardless of whether the dog had shown previous aggression.

• Where It Applies: The law applies if the victim was legally on public or private property when bitten.
• Comparative Negligence: If the victim provoked the dog or was trespassing, their compensation may be reduced under the comparative negligence rule.

4. Product Liability Laws

Product liability claims in New Jersey arise when defective or dangerous products cause injury. These claims can be based on:

• Manufacturing defects (flaws in production)
• Design defects (inherently dangerous designs)
• Failure to warn (insufficient safety warnings or instructions)

New Jersey follows the strict liability standard, meaning a manufacturer can be held liable even if they were not negligent, as long as the product was defective and caused harm. The statute of limitations for product liability cases is two years from the date of injury.

Average Settlement Values in New Jersey Personal Injury Cases

The value of a personal injury case in New Jersey varies based on factors like severity of injuries, medical expenses, lost wages, and pain and suffering. Below are general estimates for different case types:

• Auto Accidents: $15,000 – $1,000,000+
• Medical Malpractice: $250,000 – $2,000,000+
• Dog Bites: $30,000 – $200,000
• Product Liability: $100,000 – $5,000,000+

Settlements can be higher for catastrophic injuries, permanent disabilities, or cases involving gross negligence.

Conclusion

New Jersey’s personal injury laws vary depending on the type of case, with key considerations such as no-fault insurance for car accidents, strict liability for dog bites, and strong consumer protections in product liability claims. While settlement values differ based on case specifics, recent verdicts show that New Jersey courts award significant compensation for serious injuries.

If you or a loved one has been injured, consulting a New Jersey personal injury attorney can help determine the best legal path forward to recover compensation.