If you live in New Jersey and you are involved in a motor vehicle accident, whether or not you are able to sue for pain and suffering depends on the type of insurance that you have. This is referred to as “limitation on lawsuit,” and when you buy a car insurance policy, you should decide whether or not you want to have this limitation. This option is only available on the standard policy in the state and not the basic one.
No limitation on lawsuit
When you are involved in a motor vehicle accident that is caused by another party, you can receive up to the maximum amount allowed by your personal injury protection to cover medical bills and some property damage. With a limitation on lawsuit, you would still be able to sue for lost wages related to the accident and medical expenses. With no limitation on lawsuit, you would also have the right to file a lawsuit against the responsible party for pain and suffering.
Injuries that permit lawsuits
For certain types of serious injuries, you have the right to file a lawsuit even if you choose a policy that has a limitation on lawsuit. If you lose a body part or suffer another permanent injury, you can sue with a limitation on lawsuit policy. A pregnant woman who loses a fetus also has the right to sue. Substantial scarring, substantial disfigurement or a displaced fracture also give the injured person the right to sue. Finally, certain family members may be able to file a lawsuit if the person dies despite a limitation on lawsuit.
Whether or not you have a limitation on lawsuit option, you can get some compensation if you are injured in a motor vehicle accident. Deciding whether or not to choose the limitation on lawsuit is something people will have to choose for themselves based on their financial situation and other factors. You may decide that the right to sue for compensation for pain and suffering for all types of injuries is the correct choice for you.