Written by attorney James P Brady

New Jersey "Limitation on Lawsuit" or "Verbal" Threshold

When you select the “limitation on lawsuit" or “verbal" threshold on your auto insurance covverage, you have limited your right to sue for non-economic losses arising from an auto accident, unless you suffer at least one of six types of injuries:

  1. Death
  2. Dismemberment
  3. significant disfigurement or scarring
  4. a displaced fracture
  5. loss of a fetus
  6. a permanent injury

Therefore, even if you suffer a significant permanent soft-tissue injury to your spine or joints, the result may still be a dismissal of your case or a jury verdict of $0.00. The threshold my be overcome by proving through expert testimony, extensive and consistent treatment through the day of trial. When you choose the “Verbal Threshold" you have not only limited your right to sue, but you have also limited the right of your spouse and/or children to maintain a lawsuit as well. Rather than limit your rights and those of your resident family members, elect the “no limitation on lawsuit" or “zero" threshold on your auto insurance coverage. The “zero" threshold permits you to sue for non-economic damages without limitation.

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