10 ways to prove pain and suffering after a New Jersey car accident
In our coded table of 13 New Jersey verbal threshold appeals, 7 claims failed on missing proof of permanence and causation, not on the injury. So the proof that matters is objective medical findings tied to this crash. On Limited Right to Sue, the injury must also be on the statute's list.
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How do you prove pain and suffering, step by step?
Build a record that answers the two questions the appeals turned on: is the injury permanent, and did this crash cause it?
- Check your lawsuit option first. Your declarations page shows whether the injury list applies to you at all.
- Get treated early and keep the dates. Tell every provider each symptom, and record why any visit was missed.
- Keep the objective findings, not only pain scores. Imaging reports, test results and measured range of motion are what a certification rests on.
- Ask your treating doctor the permanency question directly. Has the injured part healed to work normally, and will more treatment fix it? Ask for the answer in writing.
- Do not stop at the MRI label. Herniations appear in 4 of the 7 losses and in both wins; the proof around the herniation decided the result.
- Disclose old injuries. Joo v. Corless failed because no medical evidence said the crash made the old condition worse.
- Get aggravation stated in medical terms. Presbery v. Willitts cleared the threshold with aggravation of earlier degeneration that had caused no symptoms before.
- Link the injury to this crash. Keep the crash report, photos and first medical notes together. Two of the four cases below failed on causation.
- Match the injury to a listed type. Significant scarring is on the list, so photograph scars over time and keep the dated files.
- Record daily-life change in your own and others' words. A dated journal, a before and after list, and accounts written by people who saw the change.
For the full document list, see which medical records to keep for an injury claim.
Why did most threshold claims fail in New Jersey appeals?
They lacked medical proof of permanence or causation. Of our 13 coded appeals, 7 found the threshold not met, 2 found it met and 4 never reached the question. How that played out for neck and back injuries is in NJ herniated disc and whiplash cases.
| Case | County | Threshold result | What the opinion pointed to |
|---|---|---|---|
| Orlando v. Williams | Essex | Not met | No "competent and admissible evidence showing permanence" of the injuries or "causally linking them to the accident." |
| Joo v. Corless | Middlesex | Not met | No "medical evidence that a preexisting condition was aggravated by the motor vehicle accident." |
| Williams-Siraj v. Schwartz | Essex | Not met | The plaintiff "failed to prove that defendants proximately caused the injuries." |
| Presbery v. Willitts | Burlington | Met | The injuries described included a permanent cervical disc herniation and aggravation of earlier degeneration that had caused no symptoms before. The jury's award was affirmed. |
The same injury sat on both sides: herniations appear in 4 of the 7 losses and in both wins. For what herniated disc cases were awarded, see herniated disc figures from New Jersey appeals.
Three of the 13 rulings came from Middlesex County; see Middlesex County crash counts by town and road. Every injury ruling sits in our searchable table of New Jersey crash appeals.
Is it worth suing for pain and suffering?
It can be, but only with the medical proof in hand. In our table, 7 of the 9 rulings that reached the threshold question went against the injured person.
Those losses turned on missing proof of permanence and causation, which is why the steps above come before any lawsuit. For value questions, see what a fair amount to ask for pain and suffering looks like.
How much money can I sue for pain and suffering?
The 2 threshold wins in our table ended in affirmed jury verdicts of $240,000 (Presbery) and $930,500 (Lamothe), the whole verdict in each case. The 7 losses could not recover for pain and suffering: under the statute, failing the threshold bars a claim for noneconomic loss.3
For more verdicts and why no settlement average exists, see our New Jersey appeals figures.
Can I sue for pain and suffering in NJ?
Yes, but what you must prove depends on the lawsuit option on your auto policy.
| Your option | Can you claim pain and suffering? | What the proof has to show |
|---|---|---|
| No Limitation on Lawsuit ("Unlimited Right to Sue") | Yes, for any injury. | That the other driver caused the crash and the injury, and how the injury affected you. |
| Limitation on Lawsuit ("Limited Right to Sue", often called the "verbal threshold") | Only if the injury is one of these: death, dismemberment (loss of a body part), significant disfigurement or significant scarring, a displaced fracture, loss of a fetus, or a permanent injury. | The same as above, plus that the injury fits the list. For a permanent injury, your doctor must certify it based on objective clinical evidence. |
To find out which lawsuit option applies to you, start with the no-fault guide.
What are the exceptions to the verbal threshold?
An out-of-state driver outside the New Jersey PIP system may not be able to use the threshold against you.
The threshold also never blocks a claim for economic loss. Your own share of fault still reduces what you recover; see how fault was split in real New Jersey cases.5
What does the doctor's certification have to show?
It must state, on objective clinical evidence, that the injured body part has not healed to work normally and will not with more treatment.
Daily pain alone does not meet that test. You do not have to show a "serious life impact": the Supreme Court dropped that older test in DiProspero v. Penn (2005).6
For the filing window, see when the doctor's certification is due.
What does pain and suffering not cover?
It does not cover medical bills or lost wages; those run through PIP limits and medical bills, claiming lost wages after a crash and how New Jersey no-fault insurance works.
Questions people ask
What is the verbal threshold law in New Jersey?
It is the Limitation on Lawsuit option, which allows a pain and suffering claim only for the 6 injury types in the table above. Who it binds, including out-of-state drivers, is in what the verbal threshold means.
What does zero threshold mean?
It is a common name for the No Limitation on Lawsuit option; see how the two lawsuit options differ.
More statewide guides: New Jersey car accident help.
Not sure whether the other driver's insurer may owe you for pain and suffering? Answer a few short questions, about 30 seconds, and a sponsoring lawyer's office may review your claim for free. It does not estimate a dollar amount.
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Sources
- our coded verbal threshold appeals table (13 opinions); NJ Department of Banking and Insurance (DOBI), Standard Auto Insurance Policy, "The Right to Sue", retrieved 2026-11-10.
- Appellate Division opinions as linked (Justia), coded in our appeals table, retrieved 2026-11-05.
- Appellate Division opinions Presbery, A-1360-23 and Lamothe, A-1342-23 (Justia), coded in our appeals dollar figures table; N.J.S.A. 39:6A-8(a), Justia 2025 edition, archived copy. Retrieved 2026-11-05.
- N.J.S.A. 39:6A-8(a) and (b), Justia 2025 edition, archived copy; DOBI New Jersey Auto Insurance Buyer's Guide 2026, pp. 10-11. Retrieved 2026-11-10.
- Zabilowicz v. Kelsey, 200 N.J. 507 (2009), retrieved 2026-11-10.
- Zabilowicz v. Kelsey, 200 N.J. 507 (2009), note 4, citing DiProspero v. Penn, 183 N.J. 477 (2005). Retrieved 2026-11-10.
How we counted
The appeals counts come from our table of 13 New Jersey verbal threshold opinions (2018 to 2025), coded from Justia and CourtListener in November 2026. Each row records the threshold result ("met", "not met" or "not reached") and the injuries the opinion describes; a herniation count means that list names a disc herniation.
Unpublished opinions are not binding precedent, and the counts say nothing about what any claim is worth. Jury figures are whole verdicts from our appeals dollar figures table; we compute no average.