Defending Employers

Episode 298: New York’s “Serious Injury” Threshold and New Jersey’s “Verbal Threshold” in MVA Cases


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MVA cases in New York and New Jersey are anything but basic. All of the usual requirements for proving a case at trial still apply: witness testimony, expert reports, pretrial written discovery, initial investigation, etc. However, MVA cases have additional issues at play. New York’s No-Fault Law (Article 51) makes reference to a “serious injury” requirement and bars suits for “basic economic loss.” New Jersey has the limitation on lawsuit option on auto policies, also known as the “verbal threshold.” In this episode, “New York’s “Serious Injury” Threshold and New Jersey’s “Verbal Threshold” in MVA Cases,” we cover the additional elements needed for a viable MVA civil case in New York and New Jersey.

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