In New Jersey most insurance policies have a lawsuit threshold that requires objective medical evidence of a serious personal injury before someone injured in a New Jersey car accident can file a lawsuit.
New Jersey Car Accident Lawsuit Threshold
Insurance companies who provide car insurance in New Jersey law generally offers car insurance with two very important options:
Basic car insurance does not provide liability coverage and provides only $15,000 of medical coverage under most circumstances. This type of coverage is generally known as the “Limitation on Lawsuit” option. Car insurance with liability coverage and no limitation on medical coverage.
Lawsuit Threshold (Limitation on Lawsuit option)
If you are injured in a car accident and chose the Lawsuit Threshold car insurance option, you may only file a claim against another driver ONLY if the accident causes any of the following types of injury:
- Significant disfigurement (loss of arms, legs, fingers, or toes)
- Significant scarring
- Displaced fractures (broken bone)
- Loss of a fetus
“An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.” N.J.S.A. 39:6A-8a.
If you were injured in a New Jersey car accident then you need to file a certification by a board-certified physician that you suffer a permanent injury based on objective clinical evidence. Contact a serious personal injury lawyer to get the help you need in getting the appropriate evidence and setting up your lawsuit today.
Objective evidence can include testing, but it must be performed within certain standards. Also medical testing cannot be experimental or dependent on a patient’s complaint of pain.
Soft tissue injuries such as strains, sprains, herniated disks, and muscle or tendon injuriescan qualify for recovery under the Lawsuit Threshold.