New Jersey Assembly Bill A2040

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

"Personal Injury Trust Fund Transparency Act;" requires plaintiff to file personal injury trust claims under certain circumstances; addresses allocation of trust claims; establishes scheduling and discovery requirements for certain tort actions.

Impact

The bill seeks to address perceived issues of lack of oversight and transparency in the personal injury trust compensation system, which has sometimes resulted in inconsistent statements made by plaintiffs in tort actions. Proponents argue that these transparency measures will mitigate the risk of unfair or misleading compensation claims and ensure that all relevant documentation is available for evaluating claims within the context of tort litigation. Importantly, a court must identify all personal injury trust claims made by the plaintiff before trial, significantly impacting how cases are developed and argued in court.

Summary

Bill A2040, known as the 'Personal Injury Trust Fund Transparency Act,' aims to enhance the procedural requirements and transparency surrounding personal injury trust claims in legal actions. The proposed legislation mandates that a plaintiff filing a personal injury or tort claim must file any applicable personal injury trust claims within 30 days of initiating the action. Furthermore, the plaintiffs are required to provide the court and other parties with a sworn statement verifying that all trust claims have been investigated and filed appropriately so that all relevant information is accessible during the litigation process.

Contention

Despite its aims, A2040 may introduce contention regarding the additional burden it places on plaintiffs in personal injury lawsuits. Critics may express concerns about the potential hindrance to justice, arguing that the requirements for complete disclosure of trust claims and materials could complicate litigation processes or impede the ability of injured parties to seek timely redress. Additionally, the bill's allowance for defendants to stay proceedings until trust claims are filed could be seen as providing defendants with leverage that disadvantages plaintiffs, particularly those who may be vulnerable or lacking legal resources.