FREE CONSULTATIONS 856.983.8695

What are Pain and Suffering Damages? By A Marlton, Southampton, NJ Car & Truck Accident Lawyer

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.

Many NJ drivers and passengers injured in car or truck accidents in Marlton, Cherry Hill, Southampton and other areas of South Jersey often want to know if they can sue at-fault drivers for their pain and suffering. New Jersey personal injury law for pain and suffering claims in auto accident cases is very complex. There is no doubt that many injured drivers and passengers are in pain and suffering. However, whether they can sue for pain and suffering damages is another story.

Related: New Jersey Car Truck Accidents – What Can You Recover?

Before we can discuss what pain and suffering damages are, we must address New Jersey law. Recovering pain and suffering damages in NJ after a motor vehicle accident is dependent on the extent of the injured driver/passenger’s injuries and what kind of auto insurance policy the injured driver/passenger has.

Type of NJ Auto Policy – Verbal Threshold or Limitation on Lawsuit

When purchasing auto insurance policies, drivers have different types of coverage and coverage amounts to choose from. One of the things drivers have to choose is whether they want verbal threshold, also known as limitation on lawsuit.

Many drivers choose verbal threshold or limitation on lawsuit because it affects the amount of the annual premium. If a driver chooses limitation on lawsuit, they pay less on their premium as opposed to choosing no limitation on lawsuit. However, many drivers do not realize that by choosing this option, they are limiting their rights to sue another driver for their pain and suffering if they are injured in car or truck accidents.

If injured drivers do not have verbal threshold, they can sue for their pain and damages in a NJ car accident lawsuit.

Injuries that Overcome Limitation on Lawsuit in NJ

However, there are exceptions to limitation on lawsuit. These exceptions involve the types of injuries injured drivers suffer. For instance, if an injured driver has a displaced rib fracture as a result of an intersection accident in Cherry Hill, NJ, then he is deemed to have no limitation on lawsuit and can sue for pain and suffering.

New Jersey motor vehicle accident law provides specific injury categories that overcome limitation on lawsuit. For a detailed discussion on these injury exceptions, see New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages?

Continue to part 2 of this article which discusses pain and suffering after a NJ car or truck accident.

Injured in a car, truck or pedestrian accident in New Jersey?

Call Philip T. Ciprietti, Esq. to schedule a FREE initial consultation. 800.281.8695

DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice.  Read full disclaimer at the bottom of this page.

Car Accident Law Articles

New Jersey Fatal Motor Vehicle Accidents in 2014

According to the New Jersey State Police, there have been 320 fatal motor vehicle crashes and 420 fatalities so far this year. Those numbers have increased from 2013, and we still have almost 3 months left in 2014. In 2013, there were a total of 377 fatal crashes and...

Review of NJ Car Accident Lawyer Phil Ciprietti

Review of New Jersey Car Accident Lawyer Philip T. Ciprietti "Today we celebrate the 3rd anniversary of my unfortunate accident. Thanks to your diligence and expertise, we prevailed. You've been a good friend for over 15 years and always represented us in a straight...

Review of Phil Ciprietti (April 2020)

April 2, 2020 You sir are a professional and can get the job done, five star all the way. If it wasn't for you and your team I don't believe my recovery would have gone as well as it did. I will highly recommend your services to friends and family without a doubt....

Injured in a NJ Car Accident? – The Basics of Medical Benefit (PIP) Claims

Getting medical bills paid after a car accident in New Jersey can seem like a nightmare. Arguably, New Jersey car accident medical bill law, or what is known as PIP (personal injury protection), is one of the most complex in the country. The following are five aspects...

New Jersey Pedestrian/Car Accidents: Damages Pedestrians Can Recover

According to the New Jersey Division of Highway Traffic Safety, a disproportionate number of New Jersey pedestrians are hurt/killed by cars and trucks when compared to the nation as a whole. *Source: www.nj.gov Prior to April 2010, NJ car and truck drivers only needed...

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