Car accidents are an unfortunate reality on New Jersey's busy roadways. Each year, thousands of residents are involved in collisions that can lead to significant injuries, property damage, and sometimes, put them in financial hardship. In 2021, the New Jersey Department of Transportation reported over 270,000 motor vehicle accidents, highlighting the prevalence of these incidents across the state. When dealing with the aftermath of a car accident, accident victims deserve fair compensation, which is why it’s important to understand your legal right. One critical aspect of New Jersey's auto insurance laws that can significantly impact car accident claims is the verbal threshold, also known as the lawsuit threshold.
The verbal threshold is a provision in New Jersey’s auto insurance policies that restricts the right to sue for non-economic damages, such as pain and suffering, unless the injuries meet specific criteria. This threshold can complicate the claims process for many accident victims. In this article, we will explore the impact of New Jersey’s verbal threshold on car accident claims, including recent developments and also offer practical advice for navigating these types of claims.
If you are involved in a NJ car accident and need legal assistance, the car accident lawyers at Brandon J. Broderick, Attorney at Law can help you. Contact us today to learn more about how we can help.
Understanding the Verbal Threshold
What Is the Verbal Threshold?
The verbal threshold, formally known as the limitation on lawsuit option, is an option included in many New Jersey auto insurance policies. When purchasing auto insurance, drivers can choose between the verbal threshold and the no threshold (also known as the unlimited right to sue) option. Selecting the verbal threshold typically results in lower insurance premiums, but it also limits the ability to sue for non-economic damages unless the injuries meet certain criteria.
Criteria for Bypassing the Verbal Threshold
To bypass the verbal threshold and pursue a lawsuit for non-economic damages, the injuries sustained in the car accident must fall into one of the following categories as defined by New Jersey law:
- Death
- Dismemberment
- Significant disfigurement or scarring
- Displaced fractures
- Loss of a fetus
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
These criteria are designed to limit lawsuits to cases involving serious and permanent injuries.
Recent Developments and Local News
Case Studies and Recent News
Recent local news highlights the impact of the verbal threshold on car accident claims. For instance, a 2022 case reported by NJ.com involved a plaintiff who faced challenges in pursuing a claim for pain and suffering due to the verbal threshold. The case underscored the difficulties that accident victims can encounter when their injuries do not clearly meet the stringent criteria set by the threshold.
In another recent report, the Asbury Park Press discussed how the verbal threshold influenced the outcome of several high-profile car accident cases. These cases illustrate the ongoing debate over the fairness and effectiveness of the verbal threshold in providing justice to accident victims.
Practical Advice for Navigating the Verbal Threshold
Seek Immediate Medical Attention
After a car accident, we highly recommend that you seek immediate medical attention, even if you believe you are not seriously injured or your injuries are minor. Some injuries may not manifest symptoms right away but can develop into more serious conditions over time. Prompt medical evaluation and treatment can also help document your injuries, which in turn would support any potential legal claims.
Keep Detailed Records
Maintaining detailed records of your medical treatments, expenses, and any other relevant documentation is extremely important. This includes medical bills, doctor’s notes, and any communication with insurance companies. Detailed records can provide evidence to support your claim and demonstrate the severity of your injuries.
Consult with a Personal Injury Attorney
Given the complexities of New Jersey’s verbal threshold, consulting with an experienced personal injury attorney is highly recommended. An attorney can help you understand your rights, assess the viability of your claim, and navigate the legal process. They can also help gather the necessary evidence to demonstrate that your injuries meet the criteria to bypass the verbal threshold.
Understand Your Insurance Policy
Familiarize yourself with your auto insurance policy, specifically whether you selected the verbal threshold or the no threshold option. Understanding your coverage can help you manage your expectations and make informed decisions about pursuing a lawsuit. If you have questions or concerns about your policy, contacting your insurance provider or a legal professional can provide clarity.
The Role of Expert Witnesses
In cases where injuries are contested, expert witnesses can play a crucial role in establishing the extent and permanence of your injuries. Medical experts can provide testimony on the nature of your injuries and their long-term impact, helping to meet the criteria for bypassing the verbal threshold.
Call The NJ Car Accident Lawyers At Brandon J. Broderick For Assistance
New Jersey's verbal threshold can be challenging, especially when dealing with the physical and emotional aftermath of a car accident. Brandon J. Broderick, Attorney at Law has years of experience in helping our clients understand their rights and secure the compensation they are entitled to. Our NJ car accident lawyers can guide you through every step of the process.
Call us today to discuss your case and understand how we can help you.