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What is the New Jersey Verbal Threshold or Limitation on Lawsuit?

 

A:

The New Jersey Automobile Insurance Cost Reduction Act makes it difficult for New Jersey drivers with the "Verbal Threshold" or "Limitation on Lawsuit" selection on their car insurance policies to recover non-economic damages, i.e., pain and suffering, as a result of a car accident.  However, there are some exceptions:

  • death;
  • dismemberment;
  • loss of a fetus;
  • significant disfigurement or scarring;
  • displaced fractures; or
  • permanent injury.

So, if the injury falls within one of these categories, a car accident victim would be able to recover not only economic damages such as lost wages, but also non-economic damages, like pain and suffering. 

The majority of New Jersey car accident lawsuits boil down to whether the injury is "permanent."  While there have been countless court cases discussing whether a given injury qualifies as "permanent," the bottom line is that the injured party is required to show that "a body part or organ has not healed to function normally and will not do so with further medical treatment."

For more information, access our free legal article on New Jersey's verbal threshold/limitation on lawsuit car insurance selection

If you'd like to discuss your case with one of our New Jersey car accident lawyers, call 877.944.8396 for a FREE consultation.

**This website does not provide legal advice.  Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.


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