New Jersey Supreme Court Clarifies Admissibility of Future Medical Expenses in PIP Cases

On February 2, 2026 Co-managing partner Robert Cappuzzo argued amicus curiae on behalf of the New Jersey Defense Association on the case of Lakita D. Murray v Christopher B. Punina, et al.

In that matter, the NJ Supreme Court considered whether evidence of the plaintiff Lakita Murray’s future medical expenses was admissible in her personal injury trial even though those expenses would not exceed her personal injury protection (PIP) coverage limits. In its May 6, 2026 decision, the Court held that future medical expense benefits that do not exceed a claimant’s PIP coverage limits are “collectible” for purposes of N.J.S.A. 39:6A-12 and therefore inadmissible during a plaintiff’s personal injury trial against a tortfeasor.

This was an important win for the insurance industry and defense bar as this case should help clear up boardable medical bills on cases where PIP has not been exhausted and the claim for future treatment does not exceed that coverage.