PLNJhard
Under N.J.S.A. 39:6A-8(a) and the New Jersey Supreme Court's holding in DiProspero v. Penn (2005), what must a Verbal Threshold plaintiff prove to satisfy the 'permanent injury' category for noneconomic damages?
APermanent injury plus a separate showing that the injury seriously impacted the plaintiff's life, as required by pre-AICRA case law
BOnly a treating physician's subjective opinion of permanency, with no need for objective clinical evidence
CMedical bills exceeding $10,000, with no requirement to prove permanency
Permanent injury verified by objective clinical evidence, without any separate serious-life-impact requirement
Why this is the answer
In DiProspero v. Penn (2005) the NJ Supreme Court held that AICRA's Verbal Threshold requires only that the plaintiff prove a permanent injury verified by objective clinical evidence — not an additional showing that the injury seriously affected the plaintiff's life. The decision rejected the court-imposed 'serious impact' overlay that had developed before AICRA.
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