What Is Considered a Permanent Injury?

New Jersey drivers need to know what a “permanent injury” is because it could affect your car accident case. 

In New Jersey, motorists who opt for the standard auto insurance policy must choose between two options that affect how much money they can pursue after an accident. These two options are the Limited Right to Sue option — also known as “Verbal Threshold” insurance — and the Unlimited Right to Sue option. 

Since the Limited Right to Sue is the least expensive of the two, many motorists select it by default. New Jersey drivers with the basic auto insurance policy also automatically have the Limited Right to Sue Option. This option bars the policyholder from suing an at-fault motorist for pain and suffering unless they meet certain thresholds. One of these thresholds is a permanent injury. But what counts as a permanent injury, and how can it affect your car accident claim? 

Legal Definition of Permanent Injury in New Jersey

You can find the legal definition of a permanent injury when concerning auto insurance in New Jersey in N.J. Stat. § 39:6A-8. This law states that an injury is permanent when a body part or organ has not healed to normal functioning and will not function normally with further medical treatment.

How Does a Permanent Injury Affect Personal Injury Claims?

The majority of New Jersey motorists have Limited Right to Sue insurance. When one of these motorists is injured in a collision caused by another driver, they must turn to their own personal injury protection (PIP) insurance for coverage. 

PIP provides money for all necessary medical treatment and to offset certain other costs, such as lost wages and in-home care. However, drivers with this policy cannot seek money for pain and suffering unless their injuries meet the standards found in the Verbal Threshold.

What Is a Verbal Threshold in an NJ Personal Injury Claim?

If you select the Limited Right to Sue option, you can still seek money for your pain and suffering in certain situations. That’s where the Verbal Threshold comes into play.

The Verbal Threshold is the section of New Jersey’s auto insurance law that establishes what injuries entitle a motorist with a Limited Right to Sue policy to seek money for their pain and suffering. Those injuries are:

• The loss of a body part
• Significant disfigurement or scarring
• A displaced fracture
• The loss of a fetus
• Permanent injury (cannot heal to function normally)
• Death

A New Jersey motorist who has suffered a permanent injury can seek additional money for noneconomic losses, such as:

• Physical pain
• Emotional distress
• Lower quality of life
• Anxiety and depression

Depending on the nature of your injuries, proving they are permanent can be difficult without the help of an experienced personal injury attorney. 

Seeking a Qualified NJ Injury Lawyer? You’ve Come to the Right Place

At Davis, Saperstein & Salomon, P.C., we have been fighting for the rights of injured New Jersey motorists for more than 40 years. Our track record of success speaks for itself.  We have recovered more than $1 billion in verdicts and settlements for our clients. We are proud to have helped more than 35,000 people and families, including many who suffered permanent injuries.

We know how to prove that your injuries are permanent and that you deserve to be compensated for your pain and suffering. If you sustained a serious injury in a car accident, contact us today for a free consultation. We can determine whether it meets the definition of a permanent injury and then pursue every cent you’re entitled to. 

The consultation is free, and you don’t owe us anything out of pocket. We only get paid if we recover money for you. Contact us today to schedule your consultation. We can meet with you in person at one of our offices or virtually via FaceTime, Skype, or Zoom. We have Spanish speakers on-site and offer translation services for many languages, including Russian, Polish, Portuguese, and more.