Limitation on Lawsuit Option, Verbal Threshold Explained…

The No Fault Act was adopted in New Jersey in 1972. Since that time, people hurt in auto accidents in New Jersey have been more limited in their right to sue people or entities responsible for their accident injuries.

Selecting the ‘verbal threshold’ or the ‘limitation on lawsuit’ option on your car insurance policy will set limits on your rights to file a lawsuit against the person who caused your personal injuries in a car accident. Many people choose this option simply because their insurance premium is lower. But, if you are hurt in a car accident, you must prove that your injuries satisfy at least one of these:

  • Death
  • Dismemberment
  • Loss of the fetus
  • Major disfigurement or scarring; this is the subjective view of the observer and not the opinion of you the injured
  • Displaced or major fracture
  • A permanent injury

If you have selected either of these thresholds on your policy, you will need to have a good personal injury attorney fighting for you to ensure that you get compensation for your injuries.
This also is the case if the selection of the verbal threshold was made on your insurance policy and you were hurt on a motorcycle.

Basic Option vs NJ Verbal Threshold

Any named insured who chooses the ‘basic’ option for insurance will be subjected to the verbal threshold.

There’s more. The same applies to any ‘special’ auto insurance policies. Sadly, our law office has seen that many clients are unaware that they have even selected the verbal threshold option on their policy. Usually, the client states that the auto insurance agent did not explain what this meant. Or, the agent failed to take the necessary time to review the policy in detail with them.

Many clients state that if they knew their rights, they would not have chosen the verbal threshold at all – even if it could save them money off their monthly premium.

It is true that the verbal threshold is an obstacle to those who have been hurt in serious car accidents. It is more challenging for your personal injury attorney to prove that you are entitled to compensation for your injuries. However, if the victim of the accident can prove through clear, objective medical evidence that he has sustained a permanent injury – with the submission of a sworn statement from the presiding physician – this may be enough to satisfy the ‘prima facie’ evidence requirement.

Experienced Attorneys (201) 944-9200

Fortunately, our law office is experienced in representing car accident clients who are subject to the verbal threshold in New Jersey. Our law office has the skills and experience to represent you in your personal injury legal claim. It’s possible that you can still receive compensation for your injuries in these cases.

If you have been hurt in a car accident and think that your case may be subject to the verbal threshold or limitation on lawsuit option, we ask you to contact our law office today for a free consultation about your injury case.

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