FREE CONSULTATIONS 856.983.8695

I was seriously hurt in a truck accident in Marlton and want to sue the driver who hit me. Can my children and wife sue him too for the pain he has caused us?

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

If your children and wife were in the car with you and were also hurt, then yes, they may sue the driver who caused the truck accident.  If your children are under the age of 18, then you would have to file the lawsuit on their behalf as their parent and natural guardian.

The damages recoverable in a New Jersey truck accident lawsuit against the driver are:

  • past and future medical expenses,
  • past and future lost wages,
  • out of pocket expenses, and/or
  • pain and suffering.

However, if you have “verbal threshold” or “limitation on lawsuit” on your car insurance policy, you, your wife and children may sue for pain and suffering ONLY if the injuries are permanent or if the injuries fall in one of the injury categories defined by New Jersey car accident law, such as a displaced fracture or significant disfigurement.  See New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 1)

If you do not have “verbal threshold” on your car insurance policy, then you are not limited in your ability to sue for pain and suffering.

Does UIM Coverage Apply?

The only other issue with your potential NJ car accident lawsuit is that your Underinsured Motorist (UIM) coverage may come into play.  If your wife and children are also seriously injured, there might not be enough liability coverage from the at fault driver’s car insurance policy.  In that case, you would file a UIM claim with your own car insurance company.  UIM coverage protects you, as the insured driver, and other family members covered under the policy, when the negligent driver does not have enough liability coverage to compensate you for your damages and injuries.  However, your UIM coverage amount must be the same or higher than the liability coverage amount of the negligent driver’s liability policy.  This gets very confusing, and it is best that you speak to a NJ car accident injury lawyer who understands and knows NJ car accident law and car insurance policies.

Related: NJ Car and Truck Accident Lawyer Talks About When to File an Uninsured/Underinsured (UM/UIM) Motorist Claim in a Car or Truck Accident

Loss of Consortium Claims for an Injured Party’s Spouse

Thus far, I made the assumption that your wife and children were in the car with you. However, if your wife and children were not in the car with you, then only your wife may be able to sue the negligent driver.  In that situation, your wife would have a loss of consortium claim. This is your wife’s right to recover for the loss of your companionship, comfort, usefulness, affection, intimacy and services because you were injured.  For example, if your wife has to do 100% of the housework (cooking, cleaning, taking care of children, etc.) after the accident because you are injured, she has a right to recover her losses for doing all the work around the house.  For a detailed discussion about your wife’s right to recover damages because you are injured, see NJ Car Accident Law: Can an Injured Car, Bus or Truck Victim’s Spouse Recover Damages?

If you would like to discuss your car accident in Martlon and concerns further, feel free to call me to schedule a FREE consultation.  800-281-8695

*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 New Jersey. This website page does not provide legal advice or create an attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.

Car Accident Law Articles

NJ Car & Bus Accident Lawyer Discusses Serious Accidents and Fatalities Caused by the Use of Cell Phones While Driving

In New Jersey, drivers are prohibited from using their cell phones while driving, i.e., talking on the phone while driving and texting while driving. Title 39 of New Jersey Traffic Laws Section 39:4-97.3, also known as the NJ Cell Phone Law, provides: 39:4-97.3(1)(a)...

How Long Do You Have to Sue After a New Jersey Car, Bus or Truck Accident?

After getting injured in serious New Jersey car, bus or truck accidents, injured drivers and passengers are often overwhelmed.  In catastrophic injury cases, injured drivers or passengers’ primary concern is their health and their goal is to get better.  The thought...

Review of Philip Ciprietti (March 2019)

March 22, 2019 Mr. Ciprietti is an attorney that will always work his hardest to ensure the best interest for his client. His office is always available to answer any questions you have about your case. The staff is friendly and compassionate to all your concerns and...

Wintry Mix and Icy Conditions Cause More Auto Accidents in New Jersey

New Jersey drivers faced another treacherous morning drive this past Friday.  Freezing rain caused numerous car, bus and truck accidents in Marlton, Cherry Hill, Camden and other areas in New Jersey. A woman was tragically killed in a car accident in Camden County, NJ...

New Jersey Drivers Continue To Talk or Text on Cell Phones While Driving Despite Knowing the Dangers of Distracted Driving

In September 2013, Plymouth Rock Assurance, a New Jersey auto insurance company, released the results of a NJ distracted driving study it conducted earlier this year.  Through an online survey, the study polled 1,000 NJ drivers between the ages of 17 and 25 who...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions