NEW THRESHOLD TO LIMIT LAWSUITS What are the changes regarding my right to sue for pain and suffering?
Since 1989, New Jersey policyholders have been able to choose between Bodily Injury Liability coverage with a Lawsuit (or Verbal) Threshold and a No Threshold option. Your selection of one of these thresholds determines your ability to sue for “pain and suffering” for injuries you sustain in an auto accident. To reduce the number of non-serious and frivolous lawsuits, a new “Limitation on Lawsuit” Threshold will replace the present Lawsuit Threshold. The new threshold allows you to sue for “pain and suffering” should someone else injure in an accident if the injuries are: serious injuries which your physician certifies are permanent in nature, death, dismemberment, loss of a fetus, displaced fracture or results in significant disfigurement or scarring.