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

South Jersey Car Accident Law – Optional Coverage on NJ’s Auto Insurance Policies

In any NJ motor vehicle insurance policy, there are types of mandatory coverage drivers must purchase, and there are types of optional coverage drivers may purchase. Mandatory coverage includes medical expense benefits (PIP) coverage, which pays for reasonable medical...

Marlton & Southampton, NJ Car Accidents – Civil and Criminal Consequences

Drivers who cause car or truck accidents in New Jersey may face civil and criminal consequences. Drivers who cause fatal car accidents may face criminal charges, such as death by auto. This is what happened to a 20 year old NJ driver who caused a deadly crash this...

Injured in a NJ Hit and Run Accident? Know Your Legal Rights

NJ drivers do not want to be involved in car accidents for obvious reasons. Unfortunately, car, truck or bus accidents happen every day in Southampton, Mt. Laurel and Marlton, NJ.   In the majority of accidents, all parties involved will pull over and stay at the...

How to Win a New Jersey Car Accident Lawsuit (Part 2)

In order to win a NJ car or truck accident lawsuit filed in Cherry Hill, Marlton or Camden, South New Jersey or in northern parts of New Jersey, injured parties must prove certain elements as discussed in part 1 of this article.  Part 1 of the article also discussed...

NJ Pedestrian/Car Accident Law – What Pedestrians Need to Know About Their Rights to Sue

New Jersey is notorious for having an alarmingly high number of pedestrian accidents. Many NJ pedestrian accidents result in fatalities and often involve pedestrians being struck by cars, trucks or buses. In order to be compensated for their injuries, pedestrians may...

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