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What is Verbal Threshold and How Does It Affect Your Legal Rights?
Definition & Meaning
The term "verbal threshold" refers to a specific legal standard in insurance law that limits the ability to pursue compensation for personal injuries. Under this standard, an individual can only sue for damages if they have suffered one of several serious types of injuries. These injuries typically include:
Death
Dismemberment
Significant disfigurement or scarring
Displaced fracture
Loss of a fetus
Permanent injury
Essentially, the verbal threshold acts as a barrier to lawsuits unless the injury meets these defined criteria. It is important to note that laws regarding the verbal threshold can vary by state.
Table of content
Legal Use & context
Verbal threshold is primarily used in civil law, particularly in personal injury cases related to automobile accidents and other incidents involving insurance claims. It serves as a limitation on the lawsuit option, meaning that individuals may need to demonstrate that their injuries meet the verbal threshold to pursue legal action against an insurance company or another party.
Users can often manage their claims through legal forms and templates, such as those available through US Legal Forms, which can assist in navigating the complexities of filing a claim under this standard.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are a couple of examples to illustrate the concept of verbal threshold:
Example 1: A person involved in a car accident suffers a broken leg that requires surgery. This injury may meet the verbal threshold, allowing them to file a lawsuit for damages.
Example 2: A person sustains minor bruises and soft tissue injuries from a slip and fall. Since these injuries do not meet the verbal threshold, they may be unable to pursue a lawsuit for compensation. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Verbal Threshold Criteria
New Jersey
Requires proof of serious injury as defined by state law.
Florida
Allows lawsuits only for permanent injuries or significant disfigurement.
New York
Injuries must meet a serious injury threshold, including death or dismemberment.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Verbal Threshold
A legal standard limiting lawsuits for personal injuries.
Focuses on specific serious injuries for claims.
Soft Tissue Injury
Injuries to muscles, tendons, and ligaments.
May not meet the verbal threshold for lawsuits.
Pain and Suffering
Compensation for emotional distress or discomfort.
Often requires meeting a threshold to claim.
Common misunderstandings
What to do if this term applies to you
If you believe the verbal threshold applies to your situation, consider the following steps:
Document your injuries and any medical treatment received.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can help you file a claim or manage your case.
If your case is complex, seek professional legal assistance to navigate the process effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.