Verbal threshold limitation on lawsuit attorney

New Jersey drivers choose, when they buy an automobile policy, between two options that determine whether they can sue for pain and suffering after a crash. The cheaper option — the limitation on lawsuit option, commonly called the verbal threshold — permits such a claim only where the injury falls into one of the categories set out in N.J.S.A. 39:6A-8(a). Most people do not remember which option they selected, and many discover it only after they are hurt. It is the first thing to establish in a New Jersey automobile injury claim. Law Offices Of SRIS, P.C. has practiced since 1997 and Mr. Sris is admitted in New Jersey. Reach our location at (888) 437-7747.

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What the election does

Selecting the limitation on lawsuit option reduces the premium and, in exchange, restricts the right to recover for pain and suffering to injuries within the statutory categories. Selecting the alternative preserves the right without that restriction at a higher premium.

Two features surprise people. The election is made once, at purchase, often without advice, and it persists through renewals. And it can reach household members and others covered under the policy, not only the person who signed it, so someone who never chose anything can be bound by a relative’s choice.

Critically, the threshold restricts claims for pain and suffering. It does not eliminate economic loss claims — medical costs, wage loss and out-of-pocket expenses are treated separately, and a person who does not meet the threshold is not left without any claim at all.

The statutory categories

The statute identifies the categories of injury that satisfy the threshold. In general terms they cover death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; and permanent injury within a reasonable degree of medical probability, meaning a body part or organ that has not healed to function normally and will not heal to function normally with further treatment.

The last category is where most disputes live. It is not satisfied by pain alone, however genuine, and it is not satisfied by a diagnosis unsupported by objective evidence. It requires medical proof that a body part has not healed and will not heal to normal function.

Objective evidence and why it decides these cases

Proof of permanency rests on findings that do not depend on what the injured person reports. Imaging showing a structural abnormality, electrodiagnostic studies confirming nerve involvement, documented and reproducible loss of range of motion measured over time, and clinical findings that correlate with the imaging all count. Subjective complaints, however consistent, do not carry the point alone.

Two evidential problems recur. Degenerative change on imaging is used to argue that any abnormality pre-dated the crash, which makes prior imaging and the pre-crash record important. And gaps in treatment are used to argue that the injury resolved, which makes continuity of care, and documentation of the reasons for any interruption, part of the proof rather than an administrative detail.

What the threshold does not bar

Several situations sit outside or beside the restriction, and they are missed regularly.

Economic loss claims proceed regardless. Pedestrians and others who are not subject to the election may be in a different position from an insured driver. Claims that are not automobile claims at all — product claims, premises claims, claims against a public entity governed by its own separate threshold under the Tort Claims Act — are governed by their own rules. And whether the threshold applies to a particular claimant depends on the policy under which they are covered, which is why the declarations page is obtained early rather than assumed.

What to establish at the outset

The declarations page for every policy that may cover you, showing the option in force. The policy itself, not the identification card. Whether you are covered as a named insured, a household member or otherwise. Whether any other policy might apply. And then, on the medical side, an early and complete record of symptoms including radiating pain, numbness and weakness rather than pain alone, prompt imaging where clinically indicated, and continuous treatment.

Available insurance coverage

The at-fault driver’s liability policy is the primary source, with uninsured or underinsured motorist coverage under your own policy where that is absent or insufficient — and note that the threshold analysis can apply to those claims as well. Personal injury protection benefits pay medical treatment under your own policy regardless of fault and carry their own coordination and reimbursement consequences. Umbrella layers, commercial policies where a vehicle was in work use, and resident-relative policies may each apply. Declarations pages and complete policy forms with endorsements are obtained rather than assumed.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Two New Jersey requirements run well ahead of that period. Claims against public entities and public employees are governed by the Tort Claims Act, and N.J.S.A. 59:8-8 requires written notice within a short period measured from accrual, with only a limited mechanism for late notice thereafter. Separately, where an automobile policy carries the limitation on lawsuit option under N.J.S.A. 39:6A-8(a), a physician certification requirement applies on its own timetable after suit is filed. Because this page does not state day counts that have not been verified against the statute for your facts, the applicable periods should be confirmed at the outset rather than assumed.

Frequently Asked Questions

What is the verbal threshold?

It is the restriction that comes with the limitation on lawsuit option under N.J.S.A. 39:6A-8(a). Where that option is in force, a claim for pain and suffering can be brought only if the injury falls within one of the statutory categories. It is chosen when the policy is bought, in exchange for a lower premium, and it carries forward through renewals.

How do I find out which option I have?

From the declarations page of the policy, not from the identification card and not from memory. Obtain the declarations page for every policy that might cover you, including a household member’s policy, because the election under the policy that covers you is what governs. This is the first document to gather in a New Jersey automobile injury claim.

What counts as a permanent injury?

Within the statute, a body part or organ that has not healed to function normally and will not heal to function normally with further treatment, established within a reasonable degree of medical probability. Pain by itself does not satisfy it, and neither does a diagnosis without supporting objective findings. Imaging, electrodiagnostic studies and documented reproducible loss of function are what establish it.

I did not choose anything. Why does this apply to me?

Because the election can reach household members and others covered under the policy, not only the person who signed the application. Someone who never made a choice can be bound by a relative’s. It is one of the more surprising features of the system and another reason to obtain the actual policy documents early.

If I do not meet the threshold, do I have no claim at all?

No. The threshold restricts recovery for pain and suffering. Economic loss — medical costs, wage loss and out-of-pocket expenses — is treated separately and is not barred by it. Whether the threshold is met also affects strategy rather than simply existence, so it should be assessed on the medical evidence rather than conceded early.

Does it apply if I was a pedestrian?

Not necessarily in the same way. Whether the restriction reaches a particular claimant depends on the policy under which they are covered and their relationship to it, and pedestrians and others can be in a different position from an insured driver. It is a question answered from the policy documents rather than from the manner of the collision.

Why does a gap in my treatment matter?

Because it is used to argue the injury resolved, which undercuts a permanency finding. Interruptions often have ordinary explanations — cost, work, transport, waiting lists — and those explanations carry weight when recorded at the time. If treatment must pause, tell the provider why so the reason enters the record.

Does the threshold apply to a claim against a public entity?

A claim against a public entity is governed by the Tort Claims Act, which imposes its own separate threshold for pain and suffering along with its own notice requirement. That is a different framework from the automobile election, and where both are in play each has to be satisfied on its own terms.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

The option in force on the declarations page determines what can be claimed, and permanency is proved with objective findings rather than reported pain. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

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