Verbal Threshold In New Jersey
In New Jersey, you choose under your own insurance policy how to limit your ability to sue someone that has caused your injuries. The two options are “verbal threshold” and the “no lawsuit” option. The “Limitation on Lawsuit” or the “Verbal Threshold” option on your New Jersey car insurance restricts your right, and the right of your immediate family members to file a lawsuit against the person that caused you or your loved ones injuries. Consumers that choose the “limitation on lawsuit” option cannot sue for certain injuries.
When Is Verbal Threshold Applicable?
Remember that the verbal threshold option is only meant to limit a person’s ability to file a claim for pain and suffering for non-economic damages. Your still retain your ability to file a claim for economic losses such as lost wages. The verbal threshold is applicable to plaintiffs such as:
- People who choose the “basic” insurance option and their immediate family members
- People that have auto insurance but have not chosen any tort option
- People that are required to maintain Personal Protection Coverage but fail to do so
- The immediate family members of people that have chosen verbal threshold but have not purchased another insurance policy
- Out of state residents that get injured in a car accident in New Jersey
Many people do not know that they chose the verbal threshold tort option on their auto insurance. The main reason for this may be that their insurance agents did not explain to them the implications of picking that option. Ensure you consult with an attorney to determine your ability to bring a case.
When Can You Sue If You Chose The Verbal Threshold Tort Option
Insurance companies adopted limitation policies to comply with new laws that got rid of dollar amount caps from potential lawsuits. These companies wanted to stop the tendency of people insisting on unnecessary medical treatment after accidents. People who have verbal threshold on their insurance policy may only sue if they can provide proof for the following:
- Loss of fetus
- Permanent injury
- Displaced fracture
- Dismemberment
- Death
- Disfigurement
Permanent injuries are injuries that do not heal to a point where the injured body part starts to function normally even when further medical treatment is provided. However, medical doctors are very reluctant to testify that an injury is permanent, which makes it difficult to sue anyway because you need medical proof. Generally, all you need to prove the injuries you sustained in an automobile accident is objective credible medical evidence that you have sustained a permanent injury and a submission of a sworn physician’s certification.
Experience Dealing With Verbal Threshold Cases
A lawyer that has years of experience helping clients that are subject to the verbal threshold option, knows the action plan that is likely to work for your particular case. Such a lawyer will hold discussions with you about your case and answer all your questions after reviewing your case. A skilled lawyer can help you get the compensation you deserve even if you are subject to the verbal threshold option.
