Legal Question in Personal Injury in New Jersey

Thank you for your inquiry. We would be happy to discuss the "verbal threshold" issues you referenced, as well as the potential for a personal injury claim stemming out of your injuries from a motor vehicle accident. Please feel free to call me or any of my partners at my firm, and we will assist you in whatever way we can; (973)635-5400.

Hi there. In New Jersey, the Act defines six categories of injuries which, if incurred, enable the injured person to avoid the “verbal threshold” and collect money damages for pain and suffering: (1) death; (2) dismemberment; (3) significant disfigurement or significant scarring; (4) a displaced fracture; (5) loss of a fetus; and (6) a PERMANENT INJURY within a reasonable degree of medical probability other than disfigurement or scarring. The first five categories are pretty obvious. Defining a permanent injury to qualify under the last exception to the verbal threshold requires a doctor’s certification. Neither the doctor nor the plaintiff must demonstrate that the injury has had a significant impact on the plaintiff’s lifestyle or activities. The doctor need only state his opinion that a permanent injury occurred as a result of the accident. Under New Jersey law, (unlike in Pennsylvania), a herniated disc or a nerve injury may overcome the verbal threshold if a doctor certifies that the injury is permanent and related to the automobile accident even though the plaintiff continues to work and participate in activities at his or her pre-accident level with little or no pain. Without a doctor’s certification, however, a plaintiff does not have a case. Persons injured in an automobile accident in New Jersey should discuss this requirement with their attorney.