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June 24, 2002 |

Trial Judges Clash Over Plaintiffs` AICRA Verbal-Threshold Burden

In published rulings, trial court judges in two counties have reached conflicting results on what an injured plaintiff must show to meet the verbal threshold of the Automobile Insurance Cost Reduction Act of 1998.
5 minute read
January 27, 2003 |

Does the Serious Impact Test Survive AICRA?

The No Fault Act still doesn't work. The act has not reduced the cost of automobile insurance, has not made insurance more readily available, has not resulted in the prompt payment of first-party medical expense benefit claims and has not streamlined judicial procedures for the resolution of third-party liability claims. Is anyone shocked?
26 minute read
February 06, 2003 |

Does the Serious Impact Test Survive AICRA?

In 1988, the New Jersey Legislature amended the No Fault Act to incorporate a verbal threshold -- a requirement of the type of injury that an accident victim would have to sustain to recover damages for pain and suffering. However, the statute did not provide standards or procedures for determining satisfaction of the threshold, leaving that to the New Jersey Supreme Court to interpret in Oswin v. Shaw.
26 minute read
July 29, 2002 |

Second Court Backs Tougher Norm

Trial judges are still at sea over New Jersey`s new verbal threshold, with no appellate ruling to use as a compass.
2 minute read
February 27, 2006 |

History of the Verbal Threshold

5 minute read
January 26, 2004 |

Victims of Automobile Accidents Barred From Courthouse

Two years ago, I wrote that "with the election of James McGreevey, the public can expect significant changes in automobile insurance." What I expected was a strong effort by the governor to repeal the No Fault Act and protect the legal rights of consumers ? the victims of automobile accidents in the State of New Jersey.
28 minute read
January 26, 2004 |

Victims of Automobile Accidents Barred From Courthouse

Two years ago, Gerald Baker wrote that "with the election of James McGreevey, the public can expect significant changes in automobile insurance." What he expected was a strong effort by the governor to repeal the No Fault Act and protect the legal rights of consumers -- the victims of automobile accidents in the State of New Jersey.
28 minute read
September 16, 2002 |

Failure to File a Physician's Certification May Not Result in Substantive Dismissal

The only reported case to deal substantively with the ramifications of failing to comply with the certification requirement is Watts v. Campaligan, in which the court clearly dilutes any punitive component of the certification statute and leaves lawyers wondering exactly how this holding will be applied in day-to-day litigation.
18 minute read
March 10, 2008 |

Index to Verbal Threshold Opinions

7 minute read

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