Legal Question in Personal Injury in New Jersey

Re: Daughter was struck by auto, why does my insurance have to pay?

Thank you for the inquiry. As to the threshold issue, it is somewhat too complicated to communicate in a short note here. I would be happy to discuss or explain it, although your attorney should have clarified this to you. In short, the right to sue in NJ is controlled by your own insurance (crazy right). Since you have the lawsuit threshold or verbal threshold, the injury must be one of six types: death, dismemberment, loss of fetus, significant scar, displaced fracture or serious permanent injury. If the injury cannot be proven to fit in one of the categories by objective evidence, then you cannot recover regardless of fault. The attorney has concerns about the injury I suppose.

The time taken for the case is long, but not totally unusual. You seem to be close to trial.

You can change attorneys and not incur any more fees than you agred to in the first place. However, the Court would need to give permission on any change at this stage.

I would be happy to discuss the case with you. Please feel free to contact me.

I note that your present attorneys should have been able to answer these questions. You may want them to explain it further as well. Best wishes. Adam L. Rothenberg 1-800-34 NJ LAW.

Re: Daughter was struck by auto, why does my insurance have to pay?

The way it works in NJ is that the insured gets to choose whether they and their families want to have the verbal threshold or the no threshold option. Because you chose the verbal option your rates have been a little lower for your insurance but it does limit you and your familys right to sue. A doctor must certify that the injuries are permanent. Your current attorney is correct and most of the time defendant's insurance companies will not pay on verbal cases sio they have to go to trial. The length of time it has taken is not uncommon at all.