If you’ve been injured due to someone else’s negligence, you want to know the potential settlement you might expect if you take legal action. Learn what factors affect the average settlement for personal injury claims in New Jersey and some example verdicts.
How New Jersey’s Comparative Negligence Rule Affects Personal Injury Settlements
New Jersey operates under a modified comparative fault rule, so if you’re partially responsible for your injuries, your settlement is reduced accordingly. For instance, if you’re 20% at fault in an accident, any damages you receive decrease by 20%. New Jersey sets a 50% bar for recovery, meaning you can’t recover any damages if you’re more at fault than the other party.
New Jersey’s Unique Car Accident Claim System
The state’s car accident claims are uniquely structured around a “choice” no-fault system, offering drivers a selection between standard and basic insurance policies. The standard policy provides a minimum personal injury protection (PIP) benefit, with options affecting your right to sue for non-economic damages. In contrast, a basic policy does not include PIP benefits, focusing instead on liability insurance.
In either case, your immediate response after an accident should be to contact your own insurance provider, even if you’re not at fault. When injuries surpass your coverage, you may pursue legal action against the other driver if you can prove they were at fault.
No Caps on Damages in New Jersey
New Jersey places no caps on compensatory damages for personal injury claims, even in medical malpractice cases. However, punitive damages are capped at $350,000 or five times the compensatory damages, whichever is higher.
The bad news is only 36% of personal injury victims in New Jersey win their case if it goes to trial. This underscores the importance of working with an experienced personal injury attorney to help you fight for the compensation you deserve.
Average Personal Injury Settlement in NJ
The median awarded amount for personal injury cases in New Jersey is about $100,000, or twice the national average, thanks largely to the absence of caps for compensatory damages. However, determining an average settlement for New Jersey car accident claims is more challenging because of the different insurance policies involved. Even so, it’s helpful to know that the national average insurance payout in 2022 was $24,211 for bodily injuries and $5,313 for property damage.
Examples of New Jersey Personal Injury Settlements
Settlements and verdicts in New Jersey personal injury cases vary widely. Notable examples include:
- $13 million settlement (Hudson County, 2023) for a pregnant woman whose baby developed cerebral palsy due to delayed medical treatment
- $2.7 million verdict (Middlesex County, 2023) for a man injured by a wheel striking his truck, leading to a neck injury caused by the airbag
- $1.2 million settlement (Middlesex County, 2024) for the family of a 17-year-old killed by a drunk driver
- $500,000 settlement (Bergen County, 2019) for a 72-year-old man who went blind after spinal surgery due to alleged medical negligence
- $50,000 settlement (Middlesex County, 2022) for a victim suffering from PTSD after a dog attack
- $27,000 verdict (Hudson County, 2019) for a plaintiff who slipped and fell on ice, breaking her ankle
- $15,000 verdict (Atlantic County, 2023) for an 8-year-old suffering a disc herniation following a hit-and-run accident
Get Help Navigating Your Personal Injury Claim
Moon & Associates provides personalized and effective legal representation for personal injury victims in New Jersey. Offering big-firm experience with more reasonable rates, we’re ready to tackle your personal injury case. Contact us at (201) 272-1077 today to schedule your free case evaluation at our office in Englewood Cliffs, NJ.