NJ limited right to sue cases in New Jersey require experienced legal representation. At Maxwell, Tassini & Gardner, LLC in Spring Lake, we help injured clients throughout Monmouth and Ocean counties pursue their NJ limited right to sue claims. If you need a NJ limited right to sue attorney who understands New Jersey law, call (732) 230-5003 for a free consultation.
Should I Choose Limited or Unlimited Right to Sue in NJ?
Every New Jersey driver faces a critical decision when purchasing auto insurance: should you select the limitation on lawsuit option (verbal threshold) or the no limitation on lawsuit option (unlimited right to sue)? This choice directly impacts your ability to recover compensation for pain and suffering if you are injured in a car accident. Most drivers make this selection without fully understanding its consequences.
What Is the Limited Right to Sue?
The limited right to sue, also known as the verbal threshold, restricts your ability to file a lawsuit for pain and suffering after a car accident. Under N.J.S.A. 39:6A-8, you can only sue for non-economic damages if your injuries result in death, dismemberment, significant disfigurement, a displaced fracture, loss of a fetus, or a medically verified permanent injury. If your injuries do not meet this standard, you are limited to PIP benefits only.
What Is the Unlimited Right to Sue?
The unlimited right to sue (also called the zero threshold) preserves your full right to file a lawsuit for pain and suffering for any injury sustained in a car accident, regardless of how severe or permanent the injury is. Even soft-tissue injuries, sprains, and temporary conditions can support a pain and suffering claim under this option.
Cost Difference
The limited right to sue typically costs $200 to $500 less per year in premiums compared to the unlimited option. This savings is why the vast majority of New Jersey drivers select the verbal threshold. However, the premium difference is modest compared to the potential loss of compensation if you are injured and cannot meet the permanent injury standard.
Who Should Choose the Unlimited Right to Sue?
Consider selecting the unlimited right to sue if:
- You have a long commute or drive frequently on busy NJ highways and roads.
- You work in a physically demanding job where even a temporary injury could significantly affect your income.
- You want maximum protection and flexibility in the event of an accident.
- You can afford the slightly higher premium.
Who Might Choose the Limited Right to Sue?
The limited option may be acceptable if:
- You drive very infrequently.
- Budget constraints make every dollar of premium savings important.
- You understand and accept the risk that non-permanent injuries will not be compensable beyond PIP benefits.
A Real-World Example
Consider two drivers who suffer identical whiplash injuries in identical rear-end collisions. Driver A selected the unlimited right to sue and can immediately pursue a bodily injury claim for pain and suffering, even if the whiplash resolves within six months. Driver B selected the verbal threshold and must prove the whiplash resulted in a permanent injury—if it resolves fully, Driver B cannot sue for pain and suffering at all, regardless of how much pain was endured during recovery.
Can I Change My Election?
You can change your threshold election at any time by contacting your insurance company and requesting a policy modification. The change takes effect on your policy renewal date or immediately, depending on your insurer. However, the election that was in effect at the time of the accident is the one that governs your claim. You cannot change your election after an accident and apply it retroactively.
Make an Informed Decision
The threshold election is one of the most consequential decisions in your auto insurance policy. Before making your choice, understand how it could affect a potential claim. If you have already been injured and are unsure which election you made, review your declarations page or contact your insurer. Your attorney can also help determine your threshold status and whether your injuries meet the permanent injury standard.
Contact MTG Lawyers Today
Maxwell, Tassini & Gardner, LLC
302 Washington Avenue, Suite 101
Spring Lake, NJ 07762
Phone: (732) 230-5003
Serving Monmouth and Ocean counties
If you were injured in an accident in New Jersey, you may have a compensable claim. Call MTG Lawyers at (732) 230-5003 for a free, no-obligation consultation. We speak English and Spanish. Hablamos español.
Understanding your NJ limited right to sue case is essential. Our attorneys handle NJ limited right to sue matters daily and know how to maximize your recovery. A NJ limited right to sue attorney at Maxwell, Tassini & Gardner, LLC can evaluate your claim during a free consultation.
Learn More About NJ limited right to sue
For more information about nj limited right to sue, explore these related resources:
- NJ verbal threshold — related guide from MTG Lawyers
- NJ PIP no-fault insurance — related guide from MTG Lawyers
- NJ personal injury case value — related guide from MTG Lawyers
- N.J.S.A. 39:6A-8 — official NJ resource
For personalized guidance on nj limited right to sue, contact MTG Lawyers for a free consultation. Call (732) 230-5003 or reach out online today. Our NJ personal injury attorneys have helped thousands of accident victims recover the compensation they deserve.