N.J.S.A. 39:6A-8 TORT EXEMPTION -
LIMITATION ON THE RIGHT TO NON-ECONOMIC LOSS
Under N.J.S.A. 39:6A-8, in order to comply with the tort option provision of this subsection, the plaintiff shall, within 60 days following the date of the answer to the complaint by the defendant, provide the defendant with a certification from the licensed treating physician or from a board-certified licensed physician to whom the plaintiff was referred by the treating physician. The physician must certify that the plaintiff has sustained an injury in accordance with
The Certificate of Permanency shall include the following information:
1. The name and qualifications of the treating or referral physician.
2. That the physician is the treating physician of plaintiff or board certified licensed physician to whom the plaintiff was referred by the treating physician and that any opinions set forth are within a reasonable degree of medical certainty.
3. That the plaintiff sustained injury, i.e. as the result of a motor vehicle accident and sustained permanent and serious injuries as set forth in detail. Recite any MRI's, X-rays, CAT scans, etc.
4. That the injuries are permanent in nature - and that the plaintiff’s body part, which was injured, has not healed to function normally and within a reasonable degree of medical probability will not heal to function normally and fully with further medical treatment.
5. There is objective clinical evidence indicating that the injuries sustained by plaintiff are permanent as set forth.
6. There should be a certification that any testing referred to as performed on the plaintiff is not experimental in nature or dependent entirely upon subjective patient response.
7. And finally the usual certification as to the truthfulness of the statements made.
The Certification should be filed with the Court with a copy to all defendants.