NJ SUPREME COURT TO HEAR ARGUMENTS ON VERBAL THRESHOLD SCARRING REQUIREMENT
Dec 21st, 2006 | By Michael L. Saile, Jr., Esq. | Category: Blogs, New Jersey Injury InformationThe New Jersey Supreme Court has finally decided to set forth its interpretation of what constitutes “significant scarring” so that a injured accident victim who is subject to the limited tort/verbal threshold requirement can recover for pain and suffering. One of the ways for a plaintiff to cross the verbal threshold and sue for non-economic damages under the statute covering automobile insurance is to show “significant scarring.” But just when is a scar significant?
The High Court will address that question in the case in which the Appellate Division said the scar at issue was sufficiently significant to defeat a defense move to dismiss the case. Yet the trial judge in Soto v. Scaringelli described the woman’s four-inch scar this way: “Unless somebody was looking with great particularity at that shoulder under a good strong light, that scar is not visible.” The New Jersey Supreme Court will hold oral arguments at 10:00 a.m. on January 3, 2007. It may take months until the Supreme Court actually releases its written opinion on the matter.The opinion of the New Jersey Appellate Division is located here for your review: SOTO V- SCARINGELLI.pdf The author, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury victim’s rights in both Pennsylvania and New Jersey. We handle all serious injuries, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
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