28
Jul
HOW DOES THE VERBAL OR LAWSUIT THRESHOLD AFFECT A CLAIM FOR INJURY
When speaking to an attorney after you have been involved in a car accident, one of the most common questions asked of you is whether you have selected the “verbal threshold” (a/k/a the “limitation on lawsuit option”) on your auto insurance policy or the “No Threshold” (aka “no limitation on lawsuit” option. For many people, this may be the first time they are hearing these terms. However, it is one of the most important questions to be answered when determining whether a person has the right to sue for injuries when involved in a car accident.
Whether you understood it or not at the time, you were given the option to select either the Zero Tort Threshold (aka “no limitation”) or the Verbal Threshold (aka “Lawsuit Threshold”). If you selected the Zero Threshold, there is no threshold that has to be met by your injuries before you can pursue a claim for personal injury pain and suffering caused by the accident. The extent of the injuries will likely determine the value of the claim.
However, if you selected the Verbal Threshold, which is less expensive than the Zero Tort and the more common selection by residents of New Jersey, your ability to sue for personal injury pain and suffering hinges upon whether or not your injuries fall into one of these six categories: (1) Death; (2) Dismemberment; (3) Significant Disfiguring or Scarring; (4) Displaced Fracture(s); (5) Loss of a Fetus; OR (6) A permanent injury, other than scarring or disfigurement. If you have the Verbal/Lawsuit limitation option and cannot prove one of those injuries occurred, then there is no recovery for pain suffering or disability.
In cases governed by the Verbal Threshold, the medical treatment/records determine whether or not a person meets this threshold. Injuries that may fall within one of the previously mentioned categories must be supported by objective testing, such as an X-RAY, CT SCAN, MRI, EMG, or other medically accepted test. Then, your treating doctor, or a board certified doctor to whom you were referred by your treating doctor, must sign a certification, under penalty of perjury, stating that your injuries meet one of the above categories, and that the injuries were caused by the accident. A certification must be completed by the doctor for the claim to be viable.
Many times in a case governed by the Verbal Threshold, only time will determine whether the injuries fall within one of the enumerated categories, based upon the appropriate testing ordered by physicians as symptoms persist despite recommended medical treatment. In addition, only a doctor can support the allegation that the injuries came from the accident based on his/her certification. There are many times that people have pain and discomfort that they never had before they were involved in an accident. And there are also many complaints of pain and/or discomfort that a person may report to a doctor, but the complaints must be supported by objective testing as outlined above for the claim to be viable.
Lastly, the selection of the verbal Threshold applies to the policyholder, as well as most resident relatives. It makes no difference whether you were in your own car at the time of the accident, or whether you were in a car at all. If you are in an accident caused by a motor vehicle, your threshold selection on your auto policy determines if your right to sue for personal injury pain and suffering has been limited as outlined above.
The verbal threshold limits your right to sue here in New Jersey. Levinson Axelrod has been, and continues to pursue these cases if a person who has selected the verbal threshold meets the requirements. It is important to know what the verbal threshold is, its limitations, and whether this selection was in effect at the time of your accident.
We strongly urge all persons, where economically feasible, to select the No Threshold so that your rights are not unduly or unnaturally limited.
Feel free to contact one of our lawyers at 1-800-34-NJ-LAW to discuss this if you have other questions or need more information.
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July 28th, 2007 at 1:02 pm