Individuals who are injured in car or truck accidents in New Jersey often find themselves trying to navigate the incredibly complex world of car accident insurance. Dealing with medical or PIP claims and scheduling medical appointments can be extremely stressful. Many individuals are unaware or misinformed about their legal rights.
The first part of this article series discussed NJ PIP benefits and prerequisites to getting PIP under NJ car accident law. This article will discuss PIP deductibles and an injured victim’s right to sue for damages after a car or truck accident in New Jersey.
Injuries from a NJ Car Accident
Car accidents happen every day, and unfortunately, many of them result in serious injuries such as:
• multiple fractured bones,
• traumatic brain injuries,
• neck or cervical injuries requiring surgery,
• back injuries requiring spinal surgery, or
• lost of limbs.
As the first part of this article discussed, medical treatment and expenses for injuries sustained in a car or truck accident are covered by the injured individual’s own PIP benefits.
New Jersey Car and Truck Accident Lawyer Discusses PIP Deductibles
It is important to note, however, that even if an injured victim qualifies for PIP benefits, he or she may have to pay a deductible before PIP benefits kick in.
When car owners buy car insurance, they may choose a deductible in the amounts of $500, $1000 or $2500 in exchange for a reduction in premiums. Typically, the higher the deductible, the lower the premium.
The Right to Sue as a Result of a NJ Car or Truck Accident
Injured victims may have the right to sue parties responsible for their injuries for non-economic damages such as pain and suffering.
When drivers buy their car insurance policy, one of the options they have to choose from is to have “Limitation on Lawsuit” or “No Limitation on Lawsuit.” “Limitation on Lawsuit” is also known as “Verbal Threshold.”
Having “Verbal Threshold” affects the insured’s ability to sue for non-economic damages, or pain and suffering. If an insured has “Verbal Threshold” and is injured in a car accident, he or she cannot sue for pain and suffering unless the injury results in one of the following:
(3) loss of a fetus;
(4) significant disfigurement or scarring;
(5) displaced fractures; or
(6) permanent injury.
The first 5 above are clear as to what they are; however, there have been many New Jersey car accident lawsuits where parties debated what constitutes a permanent injury.
In DiProspero v. Penn, 183 N.J. 477 (2005), the New Jersey Supreme Court stated that “an injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.”
In addition, injured victims who have “Verbal Threshold” must obtain a certification from a doctor stating that they suffered a permanent injury based on objective medical evidence.
New Jersey Car Truck Accident Lawyer with Over 35 Years of Experience. FREE CONSULTATIONS
If you have “Verbal Threshold” and believe you suffer permanent injuries as a result of a NJ car or truck accident, you need to speak to a NJ car accident lawyer who knows NJ car accident law and what injuries are permanent pursuant to the law.
Philip T. Ciprietti is an experienced personal injury lawyer who has helped many injured car and truck accident victims in New Jersey. If you were injured in a NJ car, truck or bus accident, contact Mr. Ciprietti for a free initial consultation. 800.281.8695
The Law Office of Philip T. Ciprietti places the interests of their clients first in all matters. Since 1982, Mr. Ciprietti has been certified by the New Jersey Supreme Court as a Certified Civil Trial Attorney.
In addition to helping residents of New Jersey in all types of accident cases, Mr. Ciprietti also represents residents of other states such as Pennsylvania, New York, Maryland, and Virginia who are injured in car, truck or bus accidents while driving on New Jersey roadways such as, NJ Turnpike, AC Expressway, Interstate 295 or the NJ Garden State Parkway.
*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.