In New Jersey, the term “serious injury” plays a critical role in determining whether a person can file a lawsuit for pain and suffering after a car accident or other personal injury case. This concept is especially important in auto accident claims governed by New Jersey’s no-fault insurance system, which limits the right to sue unless specific injury thresholds are met.
What Is a “Serious Injury” in New Jersey?
Under New Jersey Statutes Annotated (N.J.S.A.) 39:6A-8, a serious injury is one that meets specific legal thresholds. To pursue a claim for non-economic damages—such as pain, suffering, and emotional distress—a person must demonstrate that the injury falls into at least one of the following categories:
- Death
- Dismemberment (loss of a limb or body part)
- Significant disfigurement or significant scarring
- Displaced fractures
- Loss of a fetus
- Permanent injury—meaning an injury that has not healed to function normally and is not expected to do so with further medical treatment
The most debated category is permanent injury, as it requires objective medical evidence and often becomes the central issue in litigation.
The Role of the “Verbal Threshold”
Most New Jersey drivers select limitation on lawsuit or “verbal threshold” coverage when purchasing car insurance. This limits their ability to sue unless their injury qualifies as serious under the law. Those who choose the “no limitation on lawsuit” option may sue for pain and suffering without needing to prove that their injuries meet the threshold.
Proving a Serious Injury
To prove a serious injury under New Jersey law, especially in auto accident cases, the injured party typically must provide:
- Medical records and diagnostic tests (MRI, X-rays, CT scans)
- Statements from treating physicians or medical experts
- Evidence of permanent loss of function, which may include impairment to mobility, strength, or use of body parts
- Impact on daily life, such as inability to work, perform household tasks, or engage in normal activities
Courts expect these claims to be supported by objective, credible evidence—mere complaints of pain are not enough.
Importance in Personal Injury and Auto Accident Cases
Understanding what qualifies as a serious injury is essential for victims of motor vehicle accidents. If the injuries do not meet the legal threshold, even if they are painful or life-disrupting, the injured party may be limited to recovering economic damages only (medical bills, lost wages), without compensation for pain and suffering.
Exceptions and Special Considerations
- Pedestrians and bicyclists injured by motor vehicles may not be subject to the verbal threshold
- Out-of-state drivers involved in accidents in New Jersey may have different rights depending on their insurance policies
- Commercial vehicle accidents may involve different liability rules and coverage types
Conclusion
The definition of a “serious injury” under New Jersey law is both specific and complex. It determines whether a person can recover damages for pain and suffering in many accident cases, particularly those involving motor vehicles. Anyone involved in a serious accident should consult with a qualified personal injury attorney to evaluate their case and determine whether their injuries meet the legal standard to pursue full compensation.