Car Insurance Limitation on Lawsuit Option the Bad Selection in NJ

Car Insurance Limitation on Lawsuit Option the Bad Selection in NJ

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured.
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In order to recover damages mostly in a car Personal Injury case, the plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit into one or more of the following categories:

1. Death;
2. Dismemberment;
3. Significant disfigurement or significant scarring;
4. Displaced fracture;
5. Loss of a fetus;
6.A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

If the injuries caused by the accident do not come within one of these categories, the jury verdict must be for the defendant. If the injuries caused by the accident do come within one of these categories, the verdict must be for the plaintiff.

B. Permanent Injury (Type 6) In this case, the plaintiff alleges that he/she suffered a permanent injury as a result of the motor vehicle accident. 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.

C. Serious Activity Impact In addition to proving an injury and permanency, the plaintiff must also prove that the injury has had a serious impact on their life. This means that the plaintiff must prove that the injury has seriously affected one or more activities, which were a significant and important component of the plaintiffs way of life. In other words, the injury must be such that the plaintiff is no longer able to attend to [his] [her] regular routine activities, whatever they may be. [He] [She] must be deprived of the physical ability to engage in a social or recreational activity, which had previously been important to their way of life.

D. Sample Interrogatories to Jurors (Limitation on Lawsuit Option)

(Category 4) Has the plaintiff sustained a displaced fracture as a result of this accident?

___ Yes ___ No

(Category 5) Has the plaintiff sustained the loss of a fetus as a result of this accident?

___ Yes ___ No

(Category 6) Has the plaintiff sustained a permanent injury as a result of this accident?

___ Yes ___ No

(Damages) What amount of money will fairly and reasonably compensate plaintiff for pain and suffering, disability and impairment, and loss of enjoyment of life due to injuries proven to be proximately caused by this accident?

$______________________

[1] See N.J.S.A. 39:6A-8a. Though not numbered in the statute, the Limitation on Lawsuit Option within the Automobile Insurance Cost Reduction Act of 1998 (L.1998, c. 21 and c. 22), the categories are: (1) death; (2) dismemberment; (3) significant disfigurement or significant scarring; (4) displaced fractures; (5) loss of a fetus; (6) a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. The effective date of this provision of AICRA is March 22, 1999. Therefore, the Limitation on Lawsuit Option shall apply to individuals who are insured under automobile liability insurance policies issued after March 22, 1999 who seek compensatory damages for non-economic losses for injuries sustained in a motor vehicle collision which occurs after the AICRA policy was issued. By way of example, if an individual is involved in a motor vehicle collision on March 23, 1999 but is still covered under a policy issued before the effective date of the statute, he or she will be subject to the verbal threshold charge applicable to L.1988, c.119 effective January 1, 1989.

[3] See James v. Torres, 354 N.J. Super 586 (App. Div. 2002) cert. den. 175 NJ 547 (2003) which holds that the legislature intended to require that an injury be both permanent and serious to cross the amended verbal threshold.

Conclusion For clients who suffer an injury in a car accident such as a herniated disc, pinched nerve, or protrusion/slipped disc, we want to provide assistance and instructions. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.

CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an appointment

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