After a crash in New Jersey, many people assume they can automatically file a lawsuit against the other driver. In reality, your ability to seek compensation for pain and suffering often depends on the type of insurance coverage you selected long before the accident.
Drivers must choose between limited and unlimited rights to sue when purchasing car insurance. With the limited right to sue, you cannot automatically sue for pain and suffering after every accident. Instead, your injuries must meet certain legal standards before a claim for those damages is allowed.
The unlimited right to sue option doesn’t have such requirements, and you can file a claim or lawsuit against the other driver even for minor injuries.
What counts as a serious injury?
Under the limited right to sue, your injuries must involve long-term or permanent harm for you to recover damages for pain and suffering. These include:
- Significant disfigurement or scarring
- Loss of body part
- A displaced fracture
- Injuries resulting in the loss of a fetus
- Permanent injuries or death
Medical documentation plays a major role in such claims. Doctors must often confirm that an injury has lasting effects or permanent consequences to recover damages for pain and suffering.
Fault still matters
Even if your injuries qualify, your contribution to the crash will also determine whether you have the right pursue compensation. You can only recover damages if you were 50% or less responsible for the crash. In addition, your compensation may be reduced based on your share of fault.
If you’re involved in a crash in New Jersey, reviewing your policy and understanding how the law works can help you make informed decisions about your next steps. Seeking legal guidance can also be instrumental in protecting your rights and securing the settlement you deserve.