Answered by a New Jersey car accident lawyer:
It depends on your injuries. Though verbal threshold generally limits the car insurance policy holder from suing for non-economic damages such as pain and suffering, injured drivers may still bring a lawsuit against the driver at fault if their injuries result in one of the six injury categories pursuant to New Jersey Statutes Annotated 39:6A-8a. Some of the injury categories include dismemberment, loss of fetus, significant scarring, and permanent injury. For a full explanation and discussion of all six injury categories, see New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 2).
The permanent injury category is the most debated category between parties in New Jersey car and truck accident cases. An injury is only permanent if it has not healed to function normally and will not heal to function normally with further medical treatment. Therefore, medical evidence and records are going to be critical in proving permanent injuries.
For example, if you have a soft tissue injury or muscle spasms in your back, there must be medical evidence proving that the soft tissue injury and spasms are permanent. If the injury lasts for only 6 months, that is not a permanent injury. Further, medical evidence must show that your back will not function normally.
It is important that you contact a car accident injury lawyer in New Jersey who knows how to overcome verbal threshold under New Jersey car accident law to discuss your accident and injuries.
New Jersey Car and Truck Accident Lawyer with Over 35 Years of Experience. Free Consultations
If you are subject to verbal threshold and were in a car or truck accident on a New Jersey highway, feel free to contact Phil T. Ciprietti, Esquire for a free initial consultation. Overcoming verbal threshold can be complicated and you need an experienced NJ car accident lawyer to successfully bring a lawsuit. 800.281.8695
*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.