What does Verbal Threshold and Limitation on Lawsuit mean with my NJ auto insurance?

 

A: In 1998 the NJ legislature established the verbal threshold otherwise known as Limitation on Lawsuit auto insurance restriction for NJ auto insurance. Verbal threshold/Limitation on Lawsuit in New Jersey is somewhat similar to Limited Tort in Pennsylvania. In an attempt to make NJ auto insurance more affordable, the NJ legislature created this restriction on your right to sue for pain and suffering.

There are six types of injuries that you can recover for, if you (UNFORTUNATELY) chose the Verbal Threshold - Limitation on Lawsuit auto insurance option:

1. Death (fatal accidents),
2. Dismemberment,
3. Significant Disfigurement or Scarring,
4. Displaced Fractures,
5. Loss of a Fetus, or
6. A permanent injury within a reasonable degree of medical probability.

The most common type injury which is litigated in New Jersey courts is the Type 6 (permanent injury). In order to prove that you have a permanent injury (Type 6), your doctor must certify that your injury is permanent based upon "objective clinical evidence, which may include medical testing."

In a case that Mr. Saile helped fight to the NJ Supreme Court (Serrano v. Serrano, 874 A.2d 1058 (2005)), the High Court ruled that verbal threshold injury plaintiffs no longer have to prove that the accident has caused a significant impact on their life. This was a great win for the 1000's of people who are injured in NJ auto accidents each year.

Unfortunately, it has been reported that over 92% of all drivers insured in NJ have chosen (whether knowingly or not) verbal threshold - limitation on lawsuit auto insurance policies. If you have been involved in an auto accident in NJ and have suffered injuries contact us to help determine whether you are subject to NJ's verbal threshold/limitation on lawsuit restriction. We know how to recover for our injury clients who have previously chosen verbal threshold/limitation on lawsuit auto insurance.




We at Saile & Saile LLP represent injured individuals throughout Pennsylvania and New Jersey, specifically focusing on the following areas throughout the greater Philadelphia area and Delaware Valley including: Bucks County, Mercer County, Philadelphia, Trenton, Delaware County, Montgomery County, Chester County, Burlington County, Hunterdon County, Middlesex County, Camden County, Gloucester County, and North East Philly.  In Bucks County we represent clients in Bensalem, Bristol, Levittown, Langhorne, Morrisville, Trevose, Feasterville, Warmister, Warrington, Buckingham, Yardley, New Hope, Doylestown, Chalfont, Sellersville, Reigelsville, Upper Bucks County, and Quakertown.  Other areas include: Ewing, NJ, Hopewell, Lawrenceville, Hamilton, and West Trenton. Other areas: Montgomeryville, Horsham, Willow Grove, Jenkintown, Lansdale, Norristown, Conshohocken, East and West Norriton, Ardmore, King of Prussia, Broomall, Drexel Hill, Chester, Camden, Woodbury, Bellmar, Pennsauken, Marlton, Palmyra, Bordentown.

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