Many New Jersey auto policies include the limitation on lawsuit option, commonly called the verbal threshold. This can affect whether an injured person may recover for pain and suffering after a car accident.
The verbal threshold is fact-specific. The type of injury, medical proof, permanency, insurance policy, and the role of each person involved can all matter. If you are unsure whether it affects your claim, ask before assuming you do or do not have a case.
The Limitation on Lawsuit vs. No Limitation When purchasing auto insurance in New Jersey, drivers are required to choose between two distinct lawsuit options that drastically affect their rights after a crash: the Limitation on Lawsuit, often referred to as the "Verbal Threshold," and the No Limitation on Lawsuit, known as the "Zero Threshold."
If you selected the Limitation on Lawsuit option—which many drivers choose because it comes with a cheaper premium—your right to sue an at-fault driver for pain and suffering is strictly restricted by state law. Under this policy, you are only permitted to sue if your injuries fall into one of six specific statutory categories outlined under N.J.S.A. 39:6A-8(a). Specifically, you must have suffered death, dismemberment, significant disfigurement or significant scarring, a displaced fracture, the loss of a fetus, or a permanent injury established within a reasonable degree of medical probability. The law defines a permanent injury as one where the affected body part or organ has not healed to function normally and will not heal to function normally even with further medical treatment.
Conversely, if you chose the No Limitation on Lawsuit option and paid a correspondingly higher premium, you retain the unrestricted right to sue the at-fault driver for pain and suffering, regardless of the perceived severity of your injury. Our New Jersey car accident attorneys are highly skilled at reviewing your medical records, consulting with top-tier medical experts, and securing the necessary physician certifications to prove that your injuries meet the rigorous verbal threshold, thereby allowing you to pursue full justice and compensation.