Following an accident, the immediate concern is often the severity of the injury and whether it warrants legal action. While New Jersey personal injury law aims to protect those harmed by another’s negligence, what constitutes a “serious injury” isn’t always clear. Please continue reading as we explore what constitutes a valid personal injury case in New Jersey and how our dedicated Essex County Personal Injury Attorneys can help you during this difficult time.
Does New Jersey Have a “Serious Injury” Threshold?
In New Jersey, the gravity of an injury for a meritorious case hinges upon the nature of the claim being filed, particularly in instances involving a collision. In the context of an automobile accident claim, an injured party’s insurance policy dictates whether they satisfy the “serious injury” threshold to pursue non-economic damages. For other personal injury litigations, such as those arising from slip and falls or defective products, the injury must be sufficiently substantial to justify legal action.
Pursuant to New Jersey law, the “serious injury” threshold permits victims of auto accidents to seek compensation for pain and suffering only if their injuries meet specific requirements. To be classified as a serious injury and warrant a personal injury lawsuit, a claimant must demonstrate that the injury falls into at least one of the subsequent categories:
- Death: The injury led to a fatality.
- Dismemberment: Loss of a limb or body part.
- Significant disfigurement or scarring: The injury left an unattractive, unsightly, or significantly noticeable blemish.
- Displaced fracture: A bone has been broken and misaligned.
- Loss of a fetus: The injury resulted in a miscarriage.
- Permanent injury: A body part or organ will not function normally, even with further medical intervention. It should be noted that a doctor must certify this permanency based on objective medical evidence.
What is the Difference Between a Verbal Threshold and a “No-Limit” Lawsuit?
Like most states, New Jersey operates under a no-fault auto insurance system. This significantly influences a motorist’s ability to seek legal recourse for injuries sustained in a car accident. Under this framework, individuals have two main choices regarding their right to pursue a lawsuit.
The most common among New Jersey motorists is the “limited limitation on lawsuit” policy, often referred to as the “verbal threshold.” This option is more affordable when pursuing auto insurance premiums. However, opting for this choice means that accident victims are restricted in the type of damages they can claim. Sepficially, they are limited to recovering only economic damages, such as medical bills, lost income, and other quantifiable financial losses, unless their injuries meet a specific “serious injury” threshold.
Conversely, drivers who choose the “no limitation on lawsuit” policy, also known as the “zero threshold,” face higher premiums. The trade-off, however, is the right to sue, as you are permitted to sue for both economic and non-economic damages in this option, irrespective of the severity of your injuries. This means that even for minor injuries that might not meet the verbal threshold, you can still pursue compensation for non-economic damages, provided you can prove the other driver’s negligence.
For more information, please don’t hesitate to contact an attorney at The Law Offices of Christopher T. Howell, Esq.