52:4C-5 Damages, attorney fees.
5. a. (1) Damages awarded under this act shall not exceed the greater of:
(a)twice the amount of the claimant's income in the year prior to his incarceration; or
(b)$50,000 for each year of incarceration.
(2)In the event that damages exceed $1 million, the court may order that the award be paid as an annuity with a payout over a maximum period of 20 years. The court shall consider the best interests of the claimant in making such determination.
b.In addition to the damages awarded pursuant to subsection a., the claimant shall be entitled to receive reasonable attorney fees and costs related to the litigation. A claimant may also be awarded other non-monetary relief as sought in the complaint including, but not limited to vocational training, tuition assistance, counseling, housing assistance, and health insurance coverage as appropriate.
c.Damages awarded under this act shall not be subject to treatment as gross income to the claimant under the provisions of the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq.
L.1997, c.227, s.4; amended 2013, c.171, s.4.
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Last modified: October 11, 2016