Filing a personal injury claim for a head injury after a New Jersey car accident begins with getting prompt medical care, reporting the crash, and documenting how the injury affects your health and daily life. This is especially important with concussions and other brain injuries because symptoms may not appear immediately, and a CT scan or MRI may not show every injury.

New Jersey’s no-fault insurance system generally requires Personal Injury Protection, or PIP, to cover accident-related medical treatment regardless of who caused the crash. If another driver was responsible, you may also have a claim for losses such as pain and suffering, uncompensated lost income, reduced earning capacity, and medical expenses that are not covered through PIP.

Head injury claims can become complicated when an insurer disputes the diagnosis, argues that the symptoms came from a previous condition, or questions whether the injury is permanent. The insurance coverage that applies, the strength of the medical evidence, and compliance with New Jersey’s filing requirements can all affect the compensation available.

Common Head Injuries in New Jersey Car Crashes

A collision can cause the brain to move or rotate rapidly inside the skull, even when the head does not strike part of the vehicle. Depending on the forces involved, this movement may cause a concussion, bleeding, bruising, or more diffuse injury.

A concussion is classified as a mild traumatic brain injury. “Mild” describes the injury’s initial clinical severity, not necessarily its long-term effects. Some people experience persistent problems with headaches, memory, concentration, balance, mood, sleep, or sensitivity to light and sound.

More severe traumatic brain injuries can result from blunt impact, acceleration or deceleration, rotational forces, or penetrating trauma. These injuries may require hospitalization, surgery, rehabilitation, or long-term assistance.

Other head injuries associated with car crashes include:

• Brain contusions, which are areas of bruised brain tissue
• Coup-contrecoup injuries, involving damage at the site of impact and on the opposite side of the brain
• Intracranial bleeding, including subdural and epidural hematomas
• Diffuse axonal injuries caused by rapid movement or rotation
• Skull fractures, which may occur when the head strikes the steering wheel, dashboard, window, or another surface

The nature of the injury matters not only medically but also when determining available PIP benefits and whether the claim satisfies New Jersey’s Limitation on Lawsuit threshold.

How Much Does PIP Pay for a Brain Injury?

New Jersey drivers may select PIP medical-expense limits of $150,000, $75,000, $50,000, or $15,000 instead of the standard $250,000 limit.

However, N.J.S.A. 39:6A-4.3 creates an important exception. It provides up to $250,000 for all medically necessary treatment of a permanent or significant brain injury, spinal cord injury, or disfigurement. The statute also provides this enhanced coverage for certain other permanent or significant injuries treated at a trauma center or acute-care hospital immediately after the accident until the patient is stable and can safely be discharged or transferred.

If none of the reduced medical-expense limits was affirmatively selected in writing, the policy generally provides $250,000 in PIP medical coverage.

Someone who selected a $15,000 general PIP limit may therefore qualify for up to $250,000 in benefits for medically necessary treatment of a permanent or significant brain injury. This enhanced limit is not automatic, however. Disputes can arise over whether the injury is sufficiently permanent or significant, whether the proposed treatment is medically necessary, and whether the condition resulted from the accident.

PIP usually pays before health insurance, but New Jersey drivers may elect to make qualifying health insurance primary and PIP secondary. The declarations page and coverage-selection form can help identify which policy applies and in what order.

What Is the Limitation on Lawsuit Threshold?

PIP generally covers medical expenses and may provide certain additional benefits, depending on the policy. It does not compensate an injured person for pain, suffering, disability, or loss of enjoyment of life. Those non-economic losses may be pursued through a claim against the at-fault driver.

Whether an injured person must satisfy an injury threshold depends on the tort option that applies to the claim. Under New Jersey’s Limitation on Lawsuit option, non-economic damages are available only when the bodily injury results in one of six statutory categories:

• Death
• Dismemberment
• Significant disfigurement or significant scarring
• Displaced fractures
• Loss of a fetus
• A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement

An injury is considered permanent when the affected body part or organ has not healed to function normally and will not heal to function normally with further medical treatment.

A crash-related displaced skull fracture falls within the displaced-fracture category without requiring separate proof that the fracture is permanent. Many concussion and traumatic brain injury claims instead rely on the permanent-injury category. In either situation, the plaintiff must still establish negligence, causation, and damages.

If the No Limitation on Lawsuit option applies, the injured person does not have to fit the injury into one of the six statutory categories before seeking non-economic damages. The person must still prove that the defendant was legally responsible and that the crash caused the claimed injuries.

Why Does the 60-Day Certification Deadline Matter?

A plaintiff who is subject to the Limitation on Lawsuit option must provide the defendant with a qualifying physician certification stating that the plaintiff sustained one of the injuries recognized by the statute. The certification is due within 60 days after the defendant files an answer to the complaint.

The certification must come from the licensed treating physician or a board-certified licensed physician to whom the treating physician referred the plaintiff. It must state under penalty of perjury that the plaintiff sustained a qualifying injury and must refer to objective clinical evidence. Testing cannot be experimental or depend entirely on the patient’s subjective responses.

The statute permits the court to grant one extension of up to 60 days upon a showing of good cause. Missing the statutory deadline can result in sanctions and, in some cases, dismissal.

A late certification does not automatically end the case, however. In Casinelli v. Manglapus, the New Jersey Supreme Court held that late service should be treated similarly to a discovery violation. A court may consider the reason for the delay, the plaintiff’s ability to provide a valid certification, prejudice to the defendant, and how close the case is to trial. Available remedies can range from an order compelling production and monetary sanctions to dismissal.

The certification is an important procedural requirement, but it does not conclusively prove that the threshold has been satisfied. The plaintiff must still present admissible evidence establishing a qualifying injury and connecting that injury to the crash.

Permanency may be especially difficult to evaluate early in a mild traumatic brain injury case. That makes it important to involve treating physicians and, when appropriate, legal counsel well before the certification deadline. It is one reason knowing when to hire a lawyer can matter in a head injury case.

Evidence That Ties a Brain Injury to the Crash

Medical records and other evidence must connect the diagnosed injury and resulting limitations to the collision. Relevant evidence may include:

• Diagnostic imaging: A CT scan may identify acute bleeding or a skull fracture but is not ordinarily used to diagnose an uncomplicated concussion. An MRI may reveal certain abnormalities that do not appear on a CT, although an MRI can also be normal in someone with a mild traumatic brain injury.
• Neuropsychological testing: These assessments can measure memory, attention, processing speed, and executive function. Whether the results qualify as objective clinical evidence depends on the testing methods, validity measures, interpretation, and supporting medical testimony.
• Emergency and treating-provider records: Contemporaneous documentation can show when symptoms began, what the patient reported, what providers observed, and how the condition developed.
• The police report: A report may document reported loss of consciousness, confusion, visible injuries, vehicle damage, and the circumstances of the collision. Obtaining the police report early can help preserve this information.
• Witness accounts: Passengers, family members, coworkers, and supervisors may describe concrete changes in memory, concentration, behavior, job performance, or daily functioning.
• Employment and educational records: These records may help demonstrate a decline in performance or an inability to complete duties performed before the crash.
• Expert medical opinions: Qualified physicians and other specialists may explain the diagnosis, causation, prognosis, permanency, and need for future care.

A substantial, unexplained gap in treatment may allow an insurer to argue that the condition resolved or that later symptoms had another cause. There may be legitimate explanations for interrupted care, such as authorization problems, difficulty obtaining a specialist, financial barriers, or medical advice to monitor symptoms. Those reasons should be documented where possible.

What Damages Can You Recover From the At-Fault Driver?

The damages available from an at-fault driver depend on the insurance coverage, the injuries, the injured person’s economic losses, and whether the Limitation on Lawsuit threshold applies.

A recent New Jersey Supreme Court decision clarified how future medical expenses are treated. In Murray v. Punina, 264 N.J. 1 (2026), the Court unanimously held that future medical expenses falling within the claimant’s remaining PIP limit are “collectible” under N.J.S.A. 39:6A-12 and therefore cannot be introduced at trial as damages against the at-fault driver.

The ruling applies to qualifying benefits under an automobile insurance policy and to PIP benefits obtained through the state’s Unsatisfied Claim and Judgment Fund. Projected treatment that falls within the available PIP limit must therefore be pursued through the PIP system rather than submitted to the jury as tort damages. Payment remains subject to the ordinary requirements governing PIP benefits, including medical necessity and accident-relatedness.

Uncompensated medical expenses that are not covered by the applicable PIP limit may be recoverable from a liable party. Depending on the facts, other potential damages may include:

• Pain and suffering
• Disability and impairment
• Loss of enjoyment of life
• Uncompensated lost income
• Reduced future earning capacity
• The cost of care that is not paid or collectible through applicable PIP coverage

Recovery may be reduced by the injured person’s share of fault. Under New Jersey’s modified comparative-negligence rule, a plaintiff may recover when their negligence is not greater than the negligence of the defendant or the combined negligence of multiple defendants. A plaintiff who is 50% responsible may recover half of the proven damages, while a plaintiff who is more than 50% responsible is generally barred from recovery.

How Insurers Challenge Head Injury Claims

Insurers may challenge whether a brain injury occurred, whether the accident caused it, and whether the claimed limitations are permanent.

One common issue is normal imaging. A mild traumatic brain injury may not appear on a standard CT scan or MRI. Insurers may rely on a normal scan even though concussion is generally diagnosed through symptoms, clinical examination, accident history, and appropriate testing rather than imaging alone.

A second issue is prior medical history. Previous concussions, migraines, anxiety, depression, sleep disorders, or other conditions may be identified as alternative explanations for current symptoms. A pre-existing condition does not automatically prevent recovery, and an accident-related aggravation can be compensable. Detailed records showing the person’s condition before and after the crash can be especially important.

The insurer may also request a medical examination by a doctor it selects. That doctor may offer an opinion about the diagnosis, need for treatment, accident-relatedness, or permanency. The resulting report can affect PIP benefits, settlement negotiations, or litigation, depending on the type of examination and the claim involved.

Frequently Asked Questions

Can I sue for a concussion in New Jersey?

A person may pursue a claim for a concussion caused by another driver’s negligence, but the requirements depend on the insurance policy and the available medical evidence.

If the No Limitation on Lawsuit option applies, the plaintiff does not have to satisfy one of the statutory injury categories before seeking pain-and-suffering damages. If the Limitation on Lawsuit option applies, a concussion claim will commonly need to qualify as a permanent injury supported by objective clinical evidence and an appropriate physician certification.

Whether you can sue for a concussion depends on more than the diagnostic label. The evidence must connect the injury to the crash and establish the nature and duration of its effects.

How long do I have to file a head injury claim in New Jersey?

In most cases, a lawsuit against an at-fault driver must be filed within two years of the crash. Different or additional deadlines may apply in some circumstances.

For example, a claim against a New Jersey public entity or public employee generally requires notice under the New Jersey Tort Claims Act within 90 days of the claim’s accrual. Special tolling rules may also apply in cases involving minors or certain other circumstances.

Other deadlines run alongside the statute of limitations. PIP claims require timely notice and compliance with the insurer’s procedures. If the Limitation on Lawsuit option applies, the physician certification is generally due within 60 days after the defendant answers the complaint.

Who pays my medical bills for a head injury?

PIP generally pays covered accident-related medical expenses regardless of who caused the crash. If qualifying health insurance was selected as primary, that health plan pays first and PIP provides secondary coverage.

New Jersey law provides up to $250,000 for medically necessary treatment of a permanent or significant brain injury even when the policyholder selected a lower general PIP medical limit. Whether the enhanced limit applies may be disputed.

Uncompensated medical expenses beyond applicable PIP coverage may be pursued against the at-fault driver. Expenses that remain collectible through PIP generally cannot be submitted to the jury as tort damages.

What if a CT scan shows nothing?

A normal CT scan does not rule out a concussion or mild traumatic brain injury. CT imaging is commonly used after head trauma to look for acute bleeding, fractures, or other conditions requiring urgent treatment. An uncomplicated concussion may not produce abnormalities visible on a CT or MRI.

Doctors may instead rely on the circumstances of the injury, reported symptoms, clinical examinations, cognitive assessments, and the patient’s progress over time. Additional testing should be selected by qualified medical providers based on the patient’s symptoms and clinical needs.

Call Brandon J. Broderick for Legal Help

A brain injury may be difficult to document and easy for an insurance company to dispute. Early medical care, consistent records, and careful attention to insurance and litigation deadlines can affect both access to treatment and the ability to recover compensation.

The attorneys at Brandon J. Broderick handle New Jersey car accident claims involving head and brain injuries. Our team can investigate the collision, identify available insurance coverage, address disputes over PIP benefits, gather medical evidence, and pursue compensation from the responsible parties. Contact us today for a free consultation.