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31 Christina DiProspero v. Barbara J. Penn, et al. -- rank: 673

... threshold-vaulting injury to be proven by “objective clinical evidence.” N.J.S.A. 39:6A-8(a). As mentioned earlier, the 1988 verbal threshold was patterned ... to recovery, then the cure is straightforward: it can amend N.J.S.A. 39:6A:8 to include that requirement. On the other hand, if the ... penalty attaching to the filing of a false certification. See N.J.S.A. 39:6A-8(a). Converted by Andrew Scriven This archive is a service ...

docket:	a-66-03
court:	New Jersey Supreme Court
decided:	2004-11-29
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32 /usr/local/share/www/libweb/collections/courts/appellate/a3566-18.opn.html -- rank: 671

... limitation on lawsuit election, known as the verbal threshold. See N.J.S.A. 39:6A-8(a). A-3566-18T2 2 Plaintiffs filed a complaint in ... Davidson v. Slater, 189 N.J. 166, 181 (2007) (citing N.J.S.A. 39:6A-8(a)). One A-3566-18T2 11 type of qualifying injury ... permanent injury 4 within a reasonable degree of medical probability.' N.J.S.A. 39:6A-8(a). The doctor's certification must be based on 'objective clinical evidence,' N.J.S.A. 39:6A-8(a), meaning that the necessary objective evidence must be 'derived ... subjective patient response.'' Davidson, 189 N.J. at 181 (quoting N.J.S.A. 39:6A-8(a)). The doctor's certification is to be served within ... extension is granted for good cause, within sixty days thereafter. N.J.S.A. 39:6A-8(a). Without an expert who could give an opinion ...

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33 NAYITH CANTILLO v. VERONICA LIZANO-VALERIO -- rank: 671

... failed to meet the verbal threshold standard as required by N.J.S.A. 39:6A-8(a). Two days before the return date of the motion ... should false swearing later be sworn.' She further explained that N.J.S.A. 39:6A-8(a) requires plaintiff to provide the certification within sixty days ... Davidson v. Slater, 189 N.J. 166, 181 (2007) (citing N.J.S.A. 39:6A-8(a)). One type of qualifying injury is a 'permanent injury ... further medical treatment.' Davidson, 189 N.J. at 189 (citing N.J.S.A. 39:6A- 8(a)). A-2317-21 9 N.J.S.A. 39:6A-8(a). The doctor's certification must be based on 'objective ... subjective patient response.'' Davidson, 189 N.J. at 181 (quoting N.J.S.A. 39:6A-8(a)). The doctor's certification is to be served ...

docket:	a2317-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-20
status:	Unpublished
citation:
Document Size:	27571

34 /usr/local/share/www/libweb/collections/courts/supreme/a2381-15.opn.html -- rank: 671

... caused him to sustain a permanent injury as defined in N.J.S.A. 39:6A-8(a). In December 2014, plaintiff supplied answers to supplemental Form ... alleged injuries were caused by the accident and permanent. 5 N.J.S.A. 39:6A-8(a); see also Juarez v. J.A. Salerno & Sons, Inc ... N.J. 332 , 334 (2005) (finding that to satisfy the N.J.S.A. 39:6A-8(a) threshold, the plaintiff must demonstrate "by objective credible evidence ... that plaintiff lacked sufficient evidence to sustain his burden under N.J.S.A. 39:6A-8(a), the court correctly determined that defendant was entitled to ... licensed physician stating that the plaintiff suffered a permanent injury. N.J.S.A. 39:6A-8(a); DiProspero v. Penn , 183 N.J. 477 , 488 (2005 ... that plaintiff failed to provide a certification as required under N.J.S.A. 39:6A-8(a) . Defendant failed to support the assertion in an ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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35 IDOWU A ADESINA v. EDDIE SANTANA, JR -- rank: 671

... under the Automobile Insurance Cost Reduction Act of 1998 (AICRA), N.J.S.A. 39:6A-8, plaintiff was not awarded any damages. The court denied plaintiff ... injuries resulting from the 2003 accident within the intendment of N.J.S.A. 39:6A-8 and case law. Lastly, plaintiff asserts as plain error the ...

docket:	a2428-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-05
status:	unpublished
citation:
Document Size:	37792

36 JACQUELINE LUCA v. GEICO INDEMNITY COMPANY -- rank: 665

... J.S.A. 39:6A-1.1 to -35, specifically N.J.S.A. 39:6A-8(a) and 8.1(a). Plaintiffs also appeal from the ... policy was subject to the limitation on lawsuit threshold, see N.J.S.A. 39:6A-8(a), -8.1(a). An insured who opts for this ... cannot be 'dependent entirely upon subjective patient response.'" Ibid. (quoting N.J.S.A. 39:6A-8(a)). Second, an insured is required to show the injuries ... were permanent "within a reasonable degree of medical probability." 2 N.J.S.A. 39:6A-8(a). A "permanent injury" is defined in this statute as ... not show she sustained a permanent injury as defined by N.J.S.A. 39:6A-8(a). The court denied defendant's motion to dismiss plaintiff ... the term permanent was the same as that defined in N.J.S.A. 39:6A-8(a), specifically, that the injuries were ones that have " ...

docket:	a2791-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-11
status:	unpublished
citation:
Document Size:	22579

37 Whitaker v. DeVilla -- rank: 665

... home state.     When the deemer statute was enacted in 1985, N.J.S.A. 39:6A-8 required New Jersey insureds to elect one of two tort ... necessary medical expenses for treatment exceeded $200. Subsection (b) of N.J.S.A. 39:6A-8 defined the more restrictive tort option, which required that the ... deemer statute. See L. 1988, c. 119, § 1 (codified at N.J.S.A. 39:6A-8 and -8.1 provided that persons who neither owned an ... enacted the verbal threshold, L. 1988, c. 119, § 6, amending N.J.S.A. 39:6A-8, of a provision amending the deemer statute to impose the ...

docket:	a-60-96
court:	njsupreme
decided:	1997-02-03
status:
citation:	147 N.J. 341
Document Size:	53096

38 SHADAWN SUMNER V. UNSATISFIED CLAIM AND JUDGEMENT FUND ET AL -- rank: 663

... A. 39:6-70(n).      Plaintiff acknowledges that in 1988, N.J.S.A. 39:6A-8 was amended effective January 1, 1989. The 1988 amendments to ... and was found to be constitutional.     The Legislature again amended N.J.S.A. 39:6A-8, effective March 12, 1990. By this last amendment, an injured ... J. Super. at 180 (holding that the tort threshold requirement N.J.S.A. 39:6A-8 and N.J.S.A. 39:6-70 have parallel legislative histories, the provisions address discrete factual scenarios. N.J.S.A. 39:6A-8 applies to suits against insured tortfeasors; N.J.S.A ...

docket:	a1249-95
court:	njappellate
decided:	1996-03-15
status:	published published
citation:	<a href=
Document Size:	19204

39 JENNIFER LABARBARA v. JAMES OELFKE and CRAIG PARISH -- rank: 660

... was subject to the "verbal threshold" provision set forth in N.J.S.A. 39:6A-8, of the Automobile Insurance Cost Reparation Reform Act, N.J ... show that she sustained a permanent injury as defined in N.J.S.A. 39:6A-8. We have carefully considered the record in light of the ... a plaintiff subject to the limitation on lawsuit threshold in N.J.S.A. 39:6A-8(a) is not required to establish that his or her ... who is subject to the limitation on lawsuit threshold in N.J.S.A. 39:6A-8(a) must present "objective clinical evidence" that his or her ... objective clinical evidence" of a permanent injury as defined in N.J.S.A. 39:6A-8(a) to vault the threshold. In order to vault the ... 2007). That opinion must be based on "objective clinical evidence," N.J.S.A. 39:6A-8(a), a standard that is the equivalent of the " ...

docket:	a2176-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-11
status:	Published
citation:
Document Size:	21714

40 SOON BOK KIM v. RICHARD D. SCIARETTA -- rank: 657

... plaintiff inexcusably failed to comply with the physician certification requirement, N.J.S.A. 39:6A-8(a), dismissal was appropriate, but should have been without prejudice ... attesting that she met the verbal threshold requirement contained in N.J.S.A. 39:6A-8(a). 2 That statute provides that, in cases where the ... suit was subject to the limitation on lawsuit option, see N.J.S.A. 39:6A-8(a), and that she had "failed to provide a certification of permanency [as required by] N.J.S.A. 39:6A-8 in a timely manner (60 days)." She attached an undated ... decision, the court held that plaintiff had not complied with N.J.S.A. 39:6A-8(a), since the certification was not filed within 60 days ... On appeal, plaintiff argues that her failure to comply with N.J.S.A. 39:6A-8(a) does not bar her claim, since she produced ...

docket:	a3018-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-12
status:	unpublished
citation:
Document Size:	24305

41 SIOBHAN MCGOVERN v. REBECCA A. BASICH -- rank: 657

... failed to vault the verbal threshold to recover damages under N.J.S.A. 39:6A-8(a) of the Automobile Insurance Cost Recovery Reduction Act, N ... she sustained permanent injuries entitling her to recover damages under N.J.S.A. 39:6A-8(a). After the close of discovery, defendant filed a motion ... lawsuit option' or the '[n]o limitation on lawsuit option.' N.J.S.A. 39:6A-8. A person covered by an insurance policy with the limitation ... reasonable degree of medical probability, other than scarring or disfigurement.' N.J.S.A. 39:6A-8(a). A 'permanent injury' is one that 'has not healed ... 278, 290 (App. Div. 2016) A-3951-21 5 (quoting N.J.S.A. 39:6A-8(a)). A plaintiff is required to prove the existence of ... Davidson, 189 N.J. at 185. To recover damages under N.J.S.A. 39:6A-8, a plaintiff shall: within 60 days following the date ...

docket:	a3951-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-13
status:	Unpublished
citation:
Document Size:	15256

42 JOSHUA HAINES v. JACOB W TAFT -- rank: 652

... policy was subject to the limitation on lawsuit threshold, see N.J.S.A. 39:6A-8(a) and 8.1(a), and provided PIP coverage of ...

docket:	a5503-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-27
status:	published
citation:
Document Size:	52745

43 Agha v. Feiner -- rank: 649

... “limitation on lawsuit” or “verbal threshold” of AICRA, N.J.S.A. 39:6A-8(a), is a cost-containment measure that provides lower premium ... “limitation on lawsuit” or “verbal threshold” of AICRA, N.J.S.A. 39:6A-8(a), is a cost-containment measure that provides lower premium ... degree of medical probability, other than scarring or disfigurement.” N.J.S.A. 39:6A-8(a) (emphasis added). The statute provides that “[a]n ... opinion must be based on “objective clinical evidence,” N.J.S.A. 39:6A-8(a), a standard that we have held is the equivalent ... ’” Davidson , supra , 189 N.J. at 181 (quoting N.J.S.A. 39:6A-8(a)). Thus, subjective tests, such as those that evaluate range ... otherwise expressly declared to be invalid diagnostic methods.” (citing N.J.S.A. 39:6A-8(a); N.J.A.C. 11:3-4.5)); ...

docket:	a-1-08
court:
decided:	2009-02-26
status:
citation:	198 N.J. 50
Document Size:	81628

44 MARTIN V. HOME INSURANCE COMPANY V. UNSATISFIED CLAIM AND JUDGMENT FUND -- rank: 639

... liability for non-economic loss (pain and suffering) established in N.J.S.A. 39:6A-8, the verbal threshold provisions, might not apply in such cases ... an automobile accident). And with respect to the application of N.J.S.A. 39:6A-8 (prohibiting recovery for non-economic injuries if standards of the ...

docket:	a-114-94
court:	njsupreme
decided:	1995-07-31
status:
citation:	141 N.J. 279
Document Size:	46930

45 JUDITH MONTEMAYOR v. JAMES S. SIGNORELLI, et al. -- rank: 639

... Judge Yannotti stated, in pertinent part:             The statute in question, N.J.S.A. 39:6A-8 provided in part: See footnote 2 2             The tort option ... App. Div. 2001), we also agree with Judge Yannotti that N.J.S.A. 39:6A-8.1 was not intended to apply only to minor children ... and independently have found none, to support the assertion that N.J.S.A. 39:6A-8.1, and if so, whether that makes a material difference ... by L. 1998, c. 21, but the quoted provision of N.J.S.A. 39:6A-8 remains a part of Footnote: 3     3 Ibarra , on which ... because there the plaintiff was the insured's mother and N.J.S.A. 39:6A-8.1 does not include a parent; plaintiff "was not [her ...

docket:	A2435-99
court:	NJ Superior Court Appellate Division
decided:	2001-04-19
status:	published
citation:	339 N.J. Super. 482
Document Size:	22948