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.
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