Suing for a spinal injury in New Jersey requires more than just proving you were hurt; it requires navigating specific statutory frameworks that can bar recovery if not handled correctly.
1. Overcoming the "Verbal Threshold": Many New Jersey drivers have auto insurance policies with a "Limitation on Lawsuit" or Verbal Threshold. This law (N.J.S.A. 39:6A-8) prohibits victims from suing for non-economic damages (pain and suffering) unless they sustained a "permanent injury."
For a spinal injury to qualify, a medical expert must certify that the affected body part—the spine—has not healed to function normally and will not heal even with further treatment. At Pinnacle Injury Law, we would work with neurologists and orthopedic surgeons to provide the "objective clinical evidence" (such as MRIs, CT scans, and EMG testing) necessary to defeat the insurance companies' attempts to dismiss your claim.
2. Establishing Negligence and Liability: To win, you must prove that another party's negligence was the direct cause of your spinal trauma. This involves four critical steps: