For a New Jersey resident involved in a motor-vehicle accident in Delaware, there are unique legal considerations that are of great concern. One primary concern centers around the potential applicability of New Jersey’s verbal threshold selection. A considerable number of New Jersey residents choose the verbal threshold limitation when obtaining their car accident insurance policies. New Jersey’s state law regarding verbal thresholds is recognized for its stringency, acting as a screening mechanism in car accident cases. It permits the pursuit of non-economic damages or pain and suffering damages solely for those with specific types of injuries, such as a loss of fetus, displaced fracture, or serious permanent injury. However, while the verbal threshold limitation is applicable for New Jersey residents getting into accidents in New Jersey, the question is does the threshold limitation still apply for New Jersey residents that get into a motor-vehicle accident in Delaware?
The Delaware Superior Court (New Castle County) addressed this issue decisively in 1995 in Thornton v. Boswell. The court ruled that the verbal threshold limitation does not automatically extend to a New Jersey resident that is injured in a Delaware motor-vehicle accident who initiates a personal injury lawsuit in the state of Delaware. Although, under New Jersey law, the plaintiff(the New Jersey resident) would have been bound by the verbal threshold limitation, the court concluded that in this particular situation, Delaware law took precedence.
By conducting a conflicts of law analysis, the court determined that Delaware, having the most significant relationship to the accident, should have their state law govern. Consequently, the plaintiff, a New Jersey resident, was afforded the opportunity to pursue a claim for damages that, under New Jersey state law, would have been unattainable. This legal precedent underscores the importance of recognizing jurisdictional differences and their impact on the rights of individuals involved in cross-border accidents.
New Jersey Residents who sustain injuries in a motor-vehicle accident in Delaware may have the right to seek financial compensation for their injuries, including reimbursement for lost wages and medical expenses. Consequently, it is crucial to consult with a personal injury attorney that specializes in motor-vehicle accidents at the earliest opportunity to understand and pursue potential legal remedies.
Our legal team advocates for individuals from various states, including New Jersey, Pennsylvania, and Delaware. For More Information, Please Contact Us.
*Disclaimer: Each case is unique and it is imperative not to take any action or make decisions in your case without consulting a qualified personal injury attorney. This webpage does not offer legal advice or establish an attorney-client relationship. The use of the contact form on this website or emailing one of our attorneys does not create an attorney-client relationship. Furthermore, confidential information should not be transmitted through the contact form.
West New York
New Castle County
North East Philadelphia*
© 2022 DILEONARDO LAW LLC- THIS IS AN ADVERTISEMENT. These materials have been prepared by DILEONARDO LAW LLC for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Every case is unique. The information contained in herein is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. Readers should not act upon this information without seeking professional legal counsel.
This document is not intended as a substitute for legal advice. It is distributed for general informational purposes only. While every precaution has been taken to ensure the accuracy of this document, DILEONARDO LAW LLC assumes no responsibility for any errors, omissions or damages resulting therefrom. If this marketing content is inaccurate or misleading, you may make a report to The Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, New Jersey 08625