Verbal Threshold, Lawsuit Limitation, and Tort Options
The tort option
New Jersey requires a choice between the limitation-on-lawsuit option (verbal threshold) and the no-limitation option (zero threshold). The verbal threshold carries a lower premium. It does not bar all suits; it limits recovery for non-economic damages, such as pain and suffering, unless the injury meets a statutory category.
Under the verbal threshold, non-economic damages are recoverable for: death; dismemberment; significant disfigurement; fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined non-permanent injury that prevents substantially all usual daily activities for at least 90 of the 180 days after the accident. Objective medical evidence is critical.
The no-limitation option permits a non-economic claim without proving a threshold category, but the plaintiff still must prove negligence, causation, and damages.
Worked example
A driver suffers a cervical strain, misses six weeks of work, and has a negative MRI. Under the verbal threshold, the claim fails unless a permanent or significant limitation category is proved; six weeks does not satisfy the 90/180-day category. Under the no-limitation option, the driver may sue for pain and suffering, but still must prove the other driver's fault and actual damages.
Traps
Do not say the verbal threshold bars every lawsuit. Do not treat a minor scar as significant disfigurement without evidence. Do not count total days off work unless they meet the statutory 90/180 test. Do not confuse the tort option with PIP eligibility.