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New Jersey

Negligence in New Jersey

Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.

Elements

  1. 1

    Duty

    The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.

  2. 2

    Breach

    The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.

  3. 3

    Causation

    The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.

  4. 4

    Damages

    The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.

Burden of proof

Preponderance of the evidence, more likely than not.

A New Jersey fact pattern

A Paramus left-turn crash. New Jersey bars recovery if you are more at fault than the other driver. The two-year clock is N.J.S.A. 2A:14-2. If this is a car crash, the insurance option on the policy (verbal threshold versus no-limitation) can block pain-and-suffering even when fault is clear. That is a coverage fight, not a substitute for the negligence elements.

Statute of limitations

2 years

N.J.S.A. 2A:14-2

Generally from the date of injury.

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