The New Jersey Supreme Court, last week, held that future medical expenses cannot be recovered against a tortfeasor when those expenses remain payable through available Personal Injury Protection (“PIP”) benefits. In Murray v. Punina, plaintiff sought damages for anticipated future surgeries and treatment, but the Court found those expenses were still “collectible” under the remaining PIP coverage. So, the future medical was inadmissible evidence at trial.
This decision, of course, brings clarity to NJ law on the issue, reinforcing a central feature of the Garden State’s no-fault system, i.e. preventing plaintiffs from recovering the same medical expenses through both PIP coverage and a bodily injury lawsuit. The Court also addressed a concern frequently raised by insurers, the possibility of plaintiffs delaying treatment until after trial in order to characterize anticipated care as future damages exposure.
For insurers, the decision will meaningfully impact claim valuation and litigation strategy in automobile cases involving future treatment allegations. By limiting the damages evidence that can be presented to a jury when PIP benefits remain available, the ruling may reduce exposure in certain bodily injury claims and provide additional leverage during settlement discussions. The Court also confirmed that the same principles apply to claims involving benefits provided through NJPLIGA and the Unsatisfied Claim and Judgment Fund.