To the question posed at the top of this page, "I have the verbal threshold; can I sue?," our law firm's answer is definitely yes for many clients. No-fault insurance became the norm in the 1970s. Motorists' own auto insurance was supposed to compensate them for injuries, regardless of fault.
Above a certain threshold, however, another driver could be sued for noneconomic damages. That threshold used to apply to dollar amounts. Now it applies to the way an injury is described. Only injuries leading to death or dismemberment can be cause for lawsuits for pain and suffering, according to New Jersey statutes.
The "verbal threshold" law in New Jersey specifies in part the following restrictions on litigation after a car accident:
Every owner, registrant, operator or occupant of an automobile to which section 4, personal injury protection coverage, regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, is hereby exempted from tort liability for noneconomic loss to a person who is subject to this subsection and who is either a person who is required to maintain the coverage mandated by this act, or is a person who has a right to receive benefits under section 4 of P.L.1972, c. 70 (C. 39:6A-4),as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this state, unless that person has sustained a personal injury which results in death ...
Is Your Case Really Limited by New Jersey No-Fault Law Auto Accident Rules? Perhaps Not.
In spite of this seemingly insurmountable limitation, our New Jersey motor vehicle accident attorneys have often been successful at circumventing the verbal threshold. We welcome the opportunity to evaluate your case and determine facts that may allow you to circumvent the verbal threshold and sue for noneconomic damages.
Were you seriously injured in a car accident in New Jersey? Talk to one of our lawyers to learn how we can help maximize your ability to recover compensation after a crash. Your financial needs after a spinal cord injury or brain injury will no doubt be much greater than what an insurer will agree to pay for when it evaluates medical care claims. We take pride in helping our clients obtain the compensation they need to recover financially after a serious or catastrophic injury. Discuss no-fault insurance and the verbal threshold in New Jersey with one of our lawyers. Call or e-mail the law offices of Seigel Capozzi Law Firm LLC in Ridgewood to schedule a free initial consultation.
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