When you chose your New Jersey auto insurance policy, you likely selected the limitation on lawsuit option to save on your monthly premiums. However, if you suffered an injury in a crash, that one choice could determine whether you can seek compensation for your pain and suffering. Drivers often call this selection the verbal threshold. It creates a high legal bar for victims who need to recover damages after an accident.
Understand the serious injury requirement
Begin by determining if your injury meets the strict criteria that state law sets. Under the verbal threshold, you generally cannot sue for noneconomic damages unless your injury falls into one of six specific categories. According to the New Jersey Department of Banking and Insurance, these categories include:
· Death or dismemberment
· Significant disfigurement or scarring
· Displaced fractures
· Loss of a fetus
· Permanent injury within a reasonable degree of medical probability
A physician considers an injury permanent when the body part or organ has not healed to function normally and will not improve with further medical care.
Secure a physician certification
Strengthen your claim by obtaining a physician certification from a licensed provider. In this document, the doctor must state, under penalty of perjury, that the accident caused a permanent injury.
You must provide this certification to the defendant within 60 days of their answer to your lawsuit, though the court may grant one 60-day extension if you show good cause. Missing this deadline makes it much harder to keep your case in court and often leads a judge to throw out your claim.
Overcome insurance company denials
Protect your rights by not taking the insurance adjuster’s word at face value. Adjusters often categorize herniated discs or nerve damage as soft tissue injuries to avoid paying settlements. You might think your pain is minor, but a doctor could find that your injury is actually permanent under the law.
When you maintain a clear medical record and secure dedicated motor vehicle accident representation, you can fight to prove that your injury has a permanent impact on your life. Reviewing your policy and medical records with a legal professional can help you figure out your next steps. This checkup on your rights helps you stay ahead of the insurance company and protects your future.
