FREE CONSULTATIONS 856.983.8695

NJ Car Accidents & Verbal Threshold – Can You Sue If You Have a Fracture or Head Injury?

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.

Question: My husband has a brain injury and a fractured leg from a car accident that happened in Marlton, NJ. We have verbal threshold on our car insurance policy. Does that mean we can’t sue the other driver for my husband’s injuries?

Answer: No, it does not. Though verbal threshold affects an insured driver’s ability to sue for non-economic damages, such as pain and suffering, there are exceptions. New Jersey law provides that if an injured individual sustains certain types of injuries, he may still sue for non-economic damages despite the fact that he has verbal threshold. Those injuries include:

(1) death;
(2) dismemberment;
(3) loss of a fetus;
(4) significant disfigurement or scarring;
(5) displaced fractures; or
(6) permanent injury.

You stated that your husband suffers from a fracture in his leg and brain injury. If your husband’s fracture in the leg is a displaced fracture, then he can file a personal injury lawsuit regardless of verbal threshold. A displaced fracture means that the fracture in the bone actually separates the bone unlike a hairline fracture, where the bone doesn’t become separated because of the fracture.

Related: New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages?

Even if your husband’s leg fracture is not a displaced fracture, he may still be able to sue because his traumatic brain injury may be considered a permanent injury. An injury is considered permanent if it has not healed to function normally and will not heal to function normally even with further medical treatment. Therefore, your husband’s medical records and physicians’ expert reports will be important in determining whether he has a permanent injury.

If your husband’s brain injury resulted in a serious cognitive impairment that is permanent in nature, he may be able to sue the other driver for pain and suffering in a personal injury lawsuit. For example, he may have permanent short or long term memory problems. Of course, medical evidence and reports will be needed as proof that your husband has a permanent brain injury.

However, your husband’s brain injury may not be considered permanent in the following situation: your husband sustained a concussion from the car accident and suffered post-concussive symptoms, such as headaches, vertigo, etc., for a few months after the accident. As a result, he couldn’t work for a couple of months. After treatment, such as medication and cognitive rest, he recovers and no longer suffers from the post-concussive symptoms. He is able to return to work with no other signs of post-concussive syndrome. In such a case, his head injury will probably not be considered permanent because he is able to function normally.

In addition to your husband’s claims, you also have a claim against the at-fault driver. If your husband’s injuries resulted in the loss of your husband’s support, guidance and companionship, you have a claim called loss of consortium claim. Click here for a detailed discussion about NJ loss of consortium claims for spouses of injured car accident victims: NJ Car Accident Law: Can an Injured Car, Bus or Truck Victim’s Spouse Recover Damages?

Feel free to give our office a call to schedule a FREE consultation. It is important to talk to a NJ car accident lawyer to explore your husband’s legal options, as well as your legal options. 800.281.8695

DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice.  Read full disclaimer at the bottom of this page.

Car Accident Law Articles

Injured in a NJ Hit and Run Accident? Know Your Legal Rights

NJ drivers do not want to be involved in car accidents for obvious reasons. Unfortunately, car, truck or bus accidents happen every day in Southampton, Mt. Laurel and Marlton, NJ.   In the majority of accidents, all parties involved will pull over and stay at the...

NJ Car Accidents in Cherry Hill and Marlton – Dialing While Driving Can Cause Motor Vehicle Accidents

New Jersey drivers face many distractions today. The most obvious distraction is cell phones or smartphones. Other distractions include eating, using a GPS device or changing the radio station. Distractions associated with cell phones and smartphones are talking while...

Review of Philip Ciprietti (March 2019)

March 22, 2019 Mr. Ciprietti is an attorney that will always work his hardest to ensure the best interest for his client. His office is always available to answer any questions you have about your case. The staff is friendly and compassionate to all your concerns and...

Recovering Damages in a New Jersey Left Hand Turn Car or Truck Accident

Car accidents happen frequently in New Jersey.  At least one car accident is reported by the news media every day. One type of accident is a left-turn accident, i.e., the driver attempting to make a left does not yield to oncoming traffic and hits or t-bones a car...

Recovering Medical Expenses after Suffering an Injury in a NJ Bus Accident (Part 1)

Whether it is going to work, a mall, or a grocery store, many NJ residents take public transportation every day, like NJ Transit, Megabus, or Greyhound.  However, bus accidents also happen and passengers can get seriously injured.  After a bus accident in NJ, many...

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