Delaware is a commuter state. Many drivers on Delaware highways, such as Interstate 95, Interstate 295 and Interstate 495, come from neighboring states. Residents of Maryland, Pennsylvania and New Jersey often travel through Delaware. Whether it’s for work or to visit Delaware’s beach towns, residents of New Jersey may find themselves in car, truck or pedestrian accidents while in Delaware.
Does Verbal Threshold Apply in a Delaware Car Accident Situation?
One of the main issues for a resident of New Jersey who is injured in a car accident in Delaware is whether the New Jersey verbal threshold selection applies. Many New Jersey residents elect verbal threshold for their car accident insurance policies.
New Jersey’s verbal threshold law is tough. The limitation acts like a filter in a car accident case. Only those with specific types of injuries (loss of fetus, displaced fracture, serious permanent injury, etc.) can obtain non-economic damages or pain and suffering damages. The verbal threshold limitation of course, applies to New Jersey residents. But what happens when a New Jersey resident with verbal threshold gets into an accident in Delaware?
That question was already answered by the Delaware Superior Court (New Castle County) in 1995. The court in Thornton v. Boswell held that the verbal threshold limitation did not apply to a New Jersey resident who was injured in a car accident in Delaware and brought a personal injury lawsuit in Delaware. The court held that although under New Jersey law, the plaintiff/NJ resident would have been subject to the verbal threshold limitation, Delaware law, not New Jersey law applied.
The court engaged in a conflicts of law analysis and determined that because Delaware had the most significant relationship to the accident, Delaware law applied. Therefore, the plaintiff/NJ resident was able to make a claim for damages that, in New Jersey, she would have been unable to make.
New Jersey Residents Injured in Delaware Car Accidents
New Jersey residents who are injured in car, truck or pedestrian accidents in Delaware may be entitled to financial compensation for their injuries, as well as, compensation for lost wages and medical bills. Therefore, it is important to speak to a Delaware car accident lawyer as soon as possible.
More from a Delaware car accident lawyer:
- Recovering Medical Bills in a Delaware Car or Truck Accident Case
- Documenting Pain and Suffering from your Delaware Personal Injury Accident
Delaware Car Accident Lawyer Represents Residents of New Jersey – FREE CONSULTATIONS (302) 658.1717
Our lawyers represents residents of other states, such as New Jersey, Pennsylvania and Maryland who are injured in car accidents and truck accidents while driving on Delaware’s highways and roads including:
- US 13,
- US 40, and
- Delaware Route 1.
For more information, please contact us.
*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing one of our lawyers does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.