Written/Reviewed By:
Barry S. Kantrowitz, Esq.
Last Updated: Oct 23, 2026
Read Time: 4 mins
New Jersey drivers choose how much of a right to sue they keep when they buy auto insurance. One of the choices limits what an injured person can claim for pain and suffering. The statute that creates it explains why some claims need a doctor’s certification, and it matters to anyone hurt near Mahwah.
The Limitation on Lawsuit Option
New Jersey Statutes section 39:6A-8 describes the limitation on lawsuit option. Under it, an owner, registrant, operator, or occupant of an insured automobile, and anyone legally responsible for their acts or omissions, is exempt from tort liability for noneconomic loss to covered persons. The exemption doesn’t apply if the injured person meets a verbal threshold, and the named insured chooses between this option and the no-limitation option.
The Six Categories That Meet the Threshold
The exemption doesn’t apply if the person has sustained one of six types of harm. A claim can move past the limit with proof of any of them. The statute lists these categories:
- Death
- Dismemberment
- Significant disfigurement or significant scarring
- Displaced fractures
- Loss of a fetus
- A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
What Counts as Permanent
The statute defines permanence. An injury is permanent when the body part or organ has not healed to function normally and will not heal to function normally with further medical treatment. That standard is specific, and treatment records carry the proof.
A person with a long recovery may not know yet whether an injury is permanent. Doctors’ notes over time matter more than a single visit. Keeping every record helps if the insurer disputes the injury later.
The Physician Certification
The injured person must give the defendant a certification from a licensed treating physician, or from a board-certified licensed physician to whom the treating physician referred the person. It is due within 60 days following the date of the defendant’s answer to the complaint, and it states under penalty of perjury that the person sustained a qualifying injury. It must be based on objective clinical evidence, and the testing relied on can’t be experimental or depend entirely on subjective patient response.
The court may grant one additional period of no more than 60 days for good cause. Missing the date can put a claim at risk. A treating doctor should know the timeline early.
Economic Loss Is Different
The limitation applies to noneconomic loss. The statute doesn’t bar recovery of economic losses through this subsection, so medical bills and lost income are treated differently from pain and suffering. A claim should document both.
The distinction affects how a claim is built. The value of noneconomic damages depends on whether the threshold is met, while economic losses stand apart. Each category needs its own proof.
Records and Coverage
Insurance choices at the time of purchase can decide which rules apply. Learning about underinsured motorist coverage helps a driver see how policy choices interact. Reviewing the policy early prevents surprises.
A full picture of the recovery helps too. Reading about car accident compensation claims explains the categories of loss. Each category needs its own proof, so records should be kept from the first visit.
Mahwah Claims
Our Mahwah personal injury lawyer team checks the policy choice, the medical records, and the certification timeline together. The goal is to answer the threshold question with evidence. That work starts early.
Crashes elsewhere in Bergen County raise the same rules. Clients hurt in a collision can work with our Bergen County car accident lawyer team, which reviews how the option applies. The policy matters as much as the crash.
Rideshare passengers face their own questions about coverage. Our Mahwah rideshare accident lawyer team reviews the policies involved, and those policies can differ from a personal auto policy. The app company’s coverage may come into play.
Working With Our Firm
Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. was co-founded in 1975. Partner and Managing Attorney Barry S. Kantrowitz practices primarily in personal injury and negligence, and he has been practicing law for approximately 40 years. The statute ties a claim for pain and suffering to a medical standard, and the records show whether it is met. People hurt in a crash near Mahwah can reach out to us, and we’ll go through the policy and the medical file together.
