New Jersey injury claim guide
The six statutory injury categories, the objective evidence they require, and when the threshold does not apply.
Start free claims assistantAfter a car accident caused by another private driver in New Jersey, your path to compensation runs through one of the more complex insurance systems in the country. New Jersey is a no-fault state for medical expenses: your own policy’s personal injury protection (PIP) coverage pays your medical bills, regardless of who caused the crash (N.J.S.A. 39:6A-4).
Recovering non-economic damages, meaning compensation for pain, suffering, and loss of enjoyment of life, is a different matter. That is where the “Limitation on Lawsuit” option, usually called the verbal threshold, comes in. If your policy includes it, you may sue the at-fault driver for pain and suffering only if your injury meets one of the definitions in the statute. For people with serious injuries, understanding those definitions is the key to the claim.
The short version: most New Jersey drivers have the verbal threshold on their policy. To bring a pain-and-suffering claim against a private driver, your medical records have to establish, with objective evidence, an injury in one of the six statutory categories, such as a displaced fracture, significant scarring, or a permanent injury.
Under N.J.S.A. 39:6A-8, every standard auto policy in New Jersey offers a choice:
The choice on your policy is what controls, not the other driver’s.
The permanent injury category cannot be established by complaints of pain alone. The statute requires objective clinical evidence, and the courts have enforced that requirement strictly. Evidence that typically matters includes:
The statute also requires a physician’s certification: within 60 days after the defendant answers the lawsuit, a licensed treating physician must certify, under penalty of perjury, that the injury is permanent and that the opinion is based on objective clinical evidence (N.J.S.A. 39:6A-8(a)). Soft-tissue injuries such as sprains and whiplash are the hardest to bring within the threshold, and insurers contest them vigorously, which is why consistent treatment and prompt diagnostic imaging matter.
Whether the threshold applies to a particular claim depends on the policies and vehicles involved, and an attorney has to confirm it.
If the threshold is met, the claim is made against the at-fault driver’s bodily injury liability coverage. New Jersey sets minimum limits by law: for a standard policy, the required minimum has been $35,000 per person and $70,000 per accident since January 1, 2026 (N.J.S.A. 39:6B-1, as amended by P.L. 2022, c. 124). A “basic” policy carries no bodily injury liability coverage unless the driver adds it, and a “special” policy carries none. Drivers can and often do buy higher limits, and some carry umbrella coverage.
If the at-fault driver’s coverage is too low for the injury, your own policy’s underinsured motorist (UIM) coverage may apply, depending on the limits you selected. Establishing which coverages exist is an early step in evaluating the claim.
Because the claim turns on matching your medical evidence to the statutory categories, and on which coverages exist, establishing the basic facts early matters. The free, anonymous assistant on our home page asks five questions, including which of the threshold injury categories apply to you, and tells you right away whether your situation qualifies for a free case review with a participating New Jersey attorney. Nothing is stored unless you choose to be contacted.
This guide is general information, not legal advice, and does not create an attorney-client relationship. Statutes change; a licensed New Jersey attorney can tell you how they apply to your case. Official consumer information on New Jersey auto insurance options is published by the New Jersey Department of Banking and Insurance.
This index is a static public record compilation provided for general informational reference only. Listings do not provide direct contact details or website links. To bypass manual outreach and request an administrative callback via our automated communication tools, launch the helper button below.
Bergen · Rochelle Park, NJ
The Epstein Law Firm, P.A.
Catastrophic injury including spinal cord injury
Bergen · Teaneck, NJ
Davis, Saperstein & Salomon, P.C.
Traumatic brain injury and negligence claims
Camden · Cherry Hill, NJ
Folkman Law Offices, PC
Catastrophic injury including brain and spinal cord
Camden · Cherry Hill, NJ
Grungo Law
Catastrophic injury and wrongful death cases
Mercer · Hamilton, NJ
Stark & Stark, PC
Brain, spinal cord and catastrophic injury claims
Monmouth · Red Bank, NJ
Drazin and Warshaw, P.C.
Serious injury and personal injury claims
Listed alphabetically by county. To correct or remove a listing, contact support@localinjuryclaims.com.
Free New Jersey claims assistant
Five plain-language questions. No name, no email, nothing saved. If your accident profile qualifies, you decide whether to hear from our participating New Jersey law firm.
Start free claims assistantThis tool provides general information, not legal advice.
ATTORNEY ADVERTISING NOTICE: This website is an independent, free, static public directory and preliminary attorney advertising screening tool. The educational resources, directory listings, qualification metrics, and informational tools provided on this site are for informational purposes only and do not constitute legal advice, a certified lawyer referral service, a formal case analysis, or a guarantee of a specific legal outcome. Utilizing this screening tool, browsing directory records, or submitting an inquiry does not form an attorney-client relationship. All qualified inquiries are routed exclusively to our independent participating attorney network, and our initial eligibility tools are 100% free to the applicant. Prior results do not guarantee a similar outcome. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
SMS AND CONTACT DISCLOSURE: By selecting the consultation option and submitting the form, you provide express written consent for localinjuryclaims.com to deliver an automated text confirmation via its messaging system. You also authorize a practicing attorney to contact you by phone call at the number provided regarding your New Jersey personal injury claim evaluation. Consent is not a condition of purchase. You will receive one text message per consultation request. Message and data rates may apply. You may opt out of receiving messages at any time by replying STOP, or reply HELP for help.
© 2026 Openbridge LLC, doing business as localinjuryclaims.com