FREE CONSULTATIONS 856.983.8695

New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 2)

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

Car and truck accident victims, who are subject to verbal threshold, may not know that they may still bring lawsuits against negligent drivers so long as their injuries fall under one of the injury categories pursuant to New Jersey’s Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-8a.

Part 1 of this article series discussed the certification requirement by a medical physician, and part 2 of this article will discuss the proof plaintiffs are required to provide to overcome verbal threshold.

Verbal Threshold – Proof Necessary For Death and Dismemberment

For death and dismemberment, the New Jersey Courts have said that these types of injuries “define themselves.” Puso v. Kenyon, 2742 N.J. Super. 280, 290 (App. Div. 1994).  In other words, the objective, credible evidence of these 2 types of injuries are clearly observable.

Verbal Threshold – Proof Necessary For Disfigurement or Scarring

Prior to the amendment of AICRA in 1998, scarring was not included in the injury category. However, the inclusion of scarring with disfigurement did not significantly change the proof necessary because lawsuits brought before 1998 included scarring as part of disfigurement.

Just like the death and dismemberment categories, the objective, credible evidence for disfigurement and scarring is in the injuries themselves, as they are clearly observable. However, pursuant to AICRA, the contested issue is how significant the disfigurement or scarring is.

In a New Jersey Supreme Court case, Soto v. Scaringelli, 189 N.J. 558, 574 (2007), the court stated that the test for whether disfigurement or scarring was “significant” is whether an objective reasonable person can come to the conclusion that the scar or disfigurement substantially “impairs or injures the beauty, symmetry, or appearance of a person, rendering the bearer unsightly, misshapen or imperfect, deforming [the person] in some manner.”

The court also provided other factors relevant to the inquiry such as:

•    appearance,
•    coloration,
•    shape and size of the scar, and
•    other cosmetic factors.

To see the evidence necessary to overcome the verbal threshold for displaced fractures, loss of fetus and permanent injuries for NJ car accident victims, click here to continue to read part 3 or this article series.

New Jersey Car and Truck Accident Lawyer with Over 35 Years of Experience. Free Consultations

Mr. Ciprietti places the interests of his clients first in all matters.  Since 1982, Mr. Ciprietti has been certified by the New Jersey Supreme Court as a Certified Civil Trial Attorney. He 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

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, the NJ Turnpike, AC Expressway, Interstate 295 or the 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.

Car Accident Law Articles

Car Accidents in NJ – Technology Creates New Distractions for NJ Drivers

In today’s world, technology is always changing and advancing. Whether it’s for a cell phone, tablet or smart watch, something new is always coming out. It is hard to keep up with all the latest gadgets, apps, operating systems, etc. Though we have made great...

How Your Car Insurance Policy Affects Your Legal Rights To Financial Recovery After A NJ Car Accident

When a NJ driver purchases a new or used car for the first time, he/she has to buy a car insurance policy.  In most cases, it is probably the driver’s first time dealing with a car insurance company.  During the process, the driver buys the car insurance, but probably...

NJ Car Accident Law – Determining Source of Financial Recovery in a Highway Multi-Vehicle Accident for Injured Auto Victims (Part 2)

Part 1 of this article used a recent NJ multi-vehicle accident near the Garden State Expressway in Union, NJ to explain how the 2 injured truck drivers may recover from the at-fault driver. Part 2 of this accident will discuss how they may be able to file Underinsured...

New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 1)

Under New Jersey's Automobile Insurance Cost Reduction Act (AICRA), drivers buying car insurance policies choose between “no limitation on lawsuit” and “limitation on lawsuit.” “No limitation on lawsuit” gives the insured the unlimited right to sue in the event of a...

Comparative Negligence- What Does it Have to do with NJ Car Accidents?

In New Jersey car accidents, someone is usually at fault. In a rear-end accident, the driver who hits the car ahead of them is generally at fault. A driver who doesn't stop at a stop sign and hits another vehicle in the intersection is also generally at fault....

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions