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

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...

NJ Intersection Accidents & Injured Victims’ Legal Rights

Car and truck accidents at intersections in South Jersey happen frequently. Below are 2 common types of accidents that happen at intersections. At-Fault Driver Runs a Red Light Driver A is driving his truck on Route 73 in Marlton, New Jersey and runs a red light at an...

NJ Car Accidents – What to do About Your Medical Expenses After You Arrive at the Hospital

South Jersey drivers and passengers who are injured in car or truck accidents are often transported to a local hospital near Cherry Hill, Camden or Marlton. Upon arriving at the hospitals, injured victims will provide their insurance information. However, many injured...

Liable Parties in a NJ Truck Accident – At-Fault Drivers and Their Employers (Part 1)

Many trucks, box trucks and tractor trailers travel on New Jersey highways such as I-295, the NJ Turnpike and the Garden State Expressway. Inevitably, truck-car or tractor trailer-car accidents happen, and NJ drivers and passengers are injured. If the truck or tractor...

Factors That Affect the Value of Your NJ Car Accident Case (Part 1)

When NJ drivers/passengers are injured in car accidents in Cherry Hill, Marlton or Camden, they may contemplate bringing car accident lawsuits in New Jersey against the at fault drivers. In a NJ car accident lawsuit, the plaintiff or injured party may recover the...

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