Understanding New Jersey’s Verbal Threshold
By Ross Cellino
If you were injured in a car accident in New Jersey, your ability to file a lawsuit may depend on the type of auto insurance policy you have. One important term to understand is the New Jersey Verbal Threshold, also known as the limitation on lawsuit option.
This option can affect whether you can sue for non-economic damages, such as pain and suffering, after a crash. While it may lower your insurance premium, it can also limit your legal options after an accident.
If you were injured in a New Jersey car accident, contact Cellino Law today for a free case evaluation. You can call us at 888-888-8888 or complete our online contact form to speak with a member of our team.
Main Takeaways About the New Jersey Verbal Threshold
- The New Jersey verbal threshold can limit your right to sue for pain and suffering after a car accident.
- The verbal threshold is also called the limitation on lawsuit option and is selected through your New Jersey auto insurance policy.
- You may still be able to sue if you suffered a qualifying injury, such as a permanent injury, displaced fracture, significant scarring, loss of a body part, or loss of a fetus.
- Threshold vs. No Threshold affects your legal options after a crash. No threshold generally gives you broader rights to pursue non-economic damages.
- Medical evidence is important because your records may help show whether your injury meets New Jersey’s legal standard.
What Is the New Jersey Verbal Threshold?
The New Jersey Verbal Threshold is a cost-saving option offered in many New Jersey auto insurance policies. If you selected it when purchasing coverage, your ability to file a lawsuit for non-economic damages, such as pain and suffering, may be limited unless your injury meets a specific legal standard.
In New Jersey, drivers generally choose between two lawsuit options when purchasing auto insurance:
- Limitation on lawsuit option
- No limitation on lawsuit option
The limitation on lawsuit option is commonly referred to as the verbal threshold. If you choose this option, you may pay less for auto insurance. However, you may also limit your right to sue for pain and suffering after a crash.
When choosing a policy, it can help to review the state’s explanation of New Jersey auto insurance options, including the coverages and choices that may affect your rights after an accident.
What Does the Limitation on Lawsuit Option Mean?
The limitation on lawsuit option means that you agree to limit your right to sue the at-fault driver for non-economic damages after a crash.
Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- The physical impact of a serious injury
This does not necessarily prevent every type of claim. You may still be able to pursue compensation for economic losses, such as medical expenses, lost wages, out-of-pocket costs, and property damage, depending on the facts of your case and your available insurance coverage.
The main issue is whether you can bring a claim for pain and suffering.
Threshold vs. No Threshold in New Jersey Auto Insurance
When comparing Threshold vs. No Threshold, the biggest difference is your ability to sue for pain and suffering after a car accident.
Limitation on Lawsuit Option
With the limitation on lawsuit option, your right to sue for pain and suffering is restricted. You usually need to show that your injury meets one of the required categories under New Jersey law.
This option may lower the cost of your insurance policy, but it can make a personal injury claim more difficult after an accident.
No Limitation on Lawsuit Option
With the no limitation on lawsuit option, you generally keep broader rights to sue for pain and suffering after an accident caused by another driver.
This option usually costs more, but it may provide more protection if you are seriously hurt in a crash.
The state’s Auto Insurance Buyer’s Guide explains how lawsuit options apply to pain and suffering, also known as non-economic losses.
What Injuries May Meet the Verbal Threshold?
Under New Jersey law, an injured person may be able to sue for pain and suffering if the injury falls into one of several serious categories.
These may include:
- Death
- Dismemberment
- Significant disfigurement or significant scarring
- Displaced fracture
- Loss of a fetus
- Permanent injury
A permanent injury generally means that the injured body part has not healed to function normally and will not heal to function normally with further medical treatment.
These injury categories come from New Jersey’s law on the limitation on the right to recover non-economic losses after certain auto accidents.
How the Verbal Threshold Can Affect Your Injury Claim
The New Jersey Verbal Threshold can affect your case from the beginning. Insurance companies may closely review your medical records to decide whether your injuries meet the legal standard.
If your injuries do not meet the threshold, you may not be able to sue for pain and suffering, even if another driver caused the crash. However, you may still have access to other benefits or claims, such as:
- Medical expenses through personal injury protection coverage
- Lost wages if you are unable to work
- Out-of-pocket accident-related costs
- Property damage claims for vehicle repairs
Understanding this difference is important. Economic losses may cover certain financial costs, but pain and suffering damages address the personal impact of an injury.
Does the Verbal Threshold Apply to Every Accident?
Not every situation is the same. Whether the verbal threshold applies may depend on the insurance policies involved, the type of vehicle, the people involved in the crash, and the injuries suffered.
For example, questions may come up if:
- You were a passenger
- You were hit by an out-of-state driver
- You were driving a company vehicle
- You were injured as a pedestrian
- You do not know which lawsuit option applies to your policy
Because these issues can become complicated, it is important to have your policy and accident details reviewed by an attorney.
Why Medical Evidence Matters
Medical evidence can play an important role in a New Jersey car accident claim, especially if the limitation on lawsuit option applies. Your attorney may need to show that your injuries meet the verbal threshold before you can pursue compensation for pain and suffering.
Helpful evidence may include:
- Emergency room records
- Diagnostic imaging
- Specialist reports
- Physical therapy records
- Surgical records
- Doctor opinions about whether the injury is permanent
- Records showing how the injury affects your daily life
Getting medical care as soon as possible after the accident can also help connect your injuries to the crash. It can also create a clearer record of your symptoms, treatment, and recovery.
Talk To The Car Accident Lawyers At Cellino Law
Understanding the New Jersey Verbal Threshold can be difficult, especially when you’re also trying to recover from an injury. Your lawsuit option may affect your ability to pursue compensation for pain and suffering, but it does not always mean you are out of options.
At Cellino Law, our team can review your New Jersey auto insurance policy, explain how the limitation on lawsuit option may affect your claim, and help you understand what steps to take next.
If you were injured in a New Jersey car accident, contact Cellino Law today for a free case evaluation. You can call us at 888-888-8888 or complete our online contact form to speak with a member of our team.
Content checked by the personal injury attorney Ross Cellino
Ross Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
