New Jersey Tort Threshold: Limitation on Lawsuit Explained

By the FigureMyTax Editorial Team · How we calculate

Under New Jersey's limitation on lawsuit option, the at-fault driver is exempt from tort liability for noneconomic loss unless you suffered death, dismemberment, significant disfigurement or significant scarring, a displaced fracture, loss of a fetus, or a permanent injury, and a physician certifies it with objective clinical evidence within 60 days after the defendant's answer.

The six categories

N.J.S.A. 39:6A-8(a) exempts from tort liability for noneconomic loss every owner, registrant, operator or occupant of an automobile to which PIP applies, unless the injured person sustained bodily injury that 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 is 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.

The physician certification

To satisfy the option, the plaintiff must, within 60 days after the date of the defendant's answer, give the defendant a certification from the licensed treating physician, or a board-certified licensed physician to whom the treating physician referred the plaintiff, stating under penalty of perjury that the plaintiff has sustained one of those injuries. It must be based on and refer to objective clinical evidence, which may include medical testing performed under accepted protocols, and testing may not be experimental or dependent entirely on subjective patient response. The court may grant one more period of up to 60 days for good cause. A knowingly false certification is a crime of the fourth degree.

Economic loss is not exempted

The limitation exempts only noneconomic loss. Economic loss PIP does not collect, such as medical expenses above your chosen limit, remains in your claim, though evidence of amounts collectible or paid under PIP, including deductibles and copayments, is inadmissible (39:6A-12).

Fault and deadlines

Contributory negligence does not bar recovery if it is not greater than the combined negligence of the parties you sue, and damages are diminished in proportion (N.J.S.A. 2A:15-5.1). Personal injury actions must be commenced within two years (2A:14-2). See New Jersey comparative negligence and New Jersey statute of limitations.

Using the calculator

The New Jersey no-fault calculator tests each category, the certification and your tort option. For how non-economic damages are valued, see New Jersey pain and suffering and economic vs. non-economic damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Jersey's rules apply to your specific case with a licensed New Jersey attorney.