The Verbal Threshold and What It Means for Your Car Accident Case

If you’ve been injured in a car accident in New Jersey or Pennsylvania, you may have heard the term "verbal threshold" and wondered what it means for your ability to pursue compensation. Understanding the verbal threshold is crucial for anyone involved in a car accident, as it determines when you can file a lawsuit for pain and suffering related to your injuries.

In this blog post, we’ll break down what the verbal threshold is, how it affects your personal injury claim, and how to navigate this important aspect of car accident law.

What is the Verbal Threshold?:

New Jersey and Pennsylvania both operate under a no-fault insurance system, meaning that after an accident, each driver’s own insurance policy covers medical expenses, lost wages, and other out-of-pocket costs, regardless of who was at fault. However, these same laws also sometimes limit when a person can file a lawsuit for non-economic damages (like pain and suffering) after a car accident. This is where the verbal threshold comes into play.

The verbal threshold refers to a legal standard that limits the right to sue for pain and suffering after a car accident. In other words, if you’re involved in a car accident in New Jersey or Pennsylvania, and you have the verbal threshold option in your car insurance policy, you must meet certain conditions before you can file a lawsuit against the at-fault driver.

How Does the Verbal Threshold Work?:

When you buy car insurance, you can choose whether to have the verbal threshold or not. In New Jersey, all car insurance policies come with the verbal threshold, and you must opt out if you don't want it. In Pennsylvania, your policy does not come with the threshold, but you can opt in if you so choose. In either case, going without the verbal threshold generally comes with a higher premium, but frees you from restrictions when filing a lawsuit for pain and suffering.

What is Considered a "Serious Injury" Under the Verbal Threshold?:

If you have the verbal threshold, you can only sue for pain and suffering if your injuries meet one of several criteria. These differ slightly between New Jersey and Pennsylvania, but generally, these criteria include:

Death;
Permanent loss of a body part;
Permanent disfigurement;
Permanent loss of use of a body function; and/or
Significant dismemberment or disability.

If your injuries do not meet these criteria, you may be unable to sue for pain and suffering, even if the accident was not your fault. It's important to talk to a legal professional about the specifics of your case to see what rights you may have to sue.

How Does the Verbal Threshold Affect Your Claim?:

Choosing the verbal threshold option limits your ability to seek compensation for non-economic damages. This can be a benefit in terms of reducing your car insurance premiums, but it also means that you must meet the serious injury standard in order to take legal action for pain and suffering.

If you are seriously injured in an accident and meet the threshold for a serious injury, you can file a lawsuit against the at-fault driver to seek compensation for pain and suffering; emotional distress; and the loss of quality and enjoyment of life.

However, if your injuries do not meet the verbal threshold, you will be limited to receiving compensation for medical bills, lost wages, and other economic losses under your own insurance policy, and you will not be able to sue for additional non-economic damages.

How Does the Non-Verbal Threshold Option Work?:

If you choose the non-verbal threshold option, you do not have to meet the serious injury requirement to file a lawsuit for pain and suffering. This means that you can sue the at-fault driver for pain and suffering, even if your injuries are relatively minor.

While non-verbal threshold coverage offers broader rights to sue, it typically comes with higher premiums than basic coverage. Drivers who opt for this coverage are more likely to be able to recover full compensation for both economic and non-economic damages if they’re injured in an accident.

Can You Change Your Coverage After the Accident?:

Once you’ve chosen the verbal threshold option and have been involved in an accident, you cannot change your coverage retroactively. This means that if you’ve already opted for basic coverage and are injured in an accident that doesn’t meet the serious injury standard, you won’t be able to file a lawsuit for pain and suffering. Therefore, it’s crucial to carefully consider your options before choosing your insurance coverage.

Conclusion:

The verbal threshold is an important legal concept that determines when you can sue for pain and suffering following a car accident. If you've been involved in a car accident in New Jersey or Pennsylvania, and you're unsure about how the verbal threshold affects your ability to file a lawsuit, it’s essential to consult an experienced personal injury attorney like the ones here at Garber Law.

At Garber Law, we specialize in personal injury cases and can help you navigate the complexities of the verbal threshold. We'll explain to you your rights under the laws of New Jersey or Pennsylvania, and guide you through the entire process. Contact us today for your free consultation.