In theory, you can file a civil lawsuit against anyone who directly causes you to get hurt through their own reckless, careless, or illegal actions and then demand money through that lawsuit for every form of harm you’ll suffer because of your injury. In practice, your right to sue specifically after an auto accident may be limited depending on what type of auto insurance policy you have and how bad your injury is.
If you have a limited right to sue car insurance policy and have gotten seriously hurt in an auto accident, you should contact a Pennsauken limited tort lawyer as soon as possible. Assistance from a skilled attorney with experience handling your unique type of auto accident claim may be vital to getting paid everything you deserve and protecting your long-term best interests.
Understanding Limited Right to Sue Insurance
Everyone who buys auto insurance in New Jersey has a choice of whether to buy a policy with a Limitation on Lawsuit clause or a No Limitation on Lawsuit clause. If you select a no-limitation policy, you’ll likely have higher premiums, but you also won’t have any restrictions on your right to sue the at-fault person over damages their misconduct has caused you.
A limited tort policy is generally cheaper but comes with a huge catch: while you can still recover for economic losses like medical bills and car repair costs after a wreck, you generally aren’t allowed to sue for non-economic losses like physical pain and mental anguish. However, there are a few scenarios where you can step around these restrictions and file suit even if you have this type of policy, as a Pennsauken limited tort attorney can further explain.
What Are the Exceptions to the Limited Tort Rules?
The main exception to New Jersey’s limited tort laws is if you suffer one of the following six types of injuries from an auto accident:
- A fatal injury
- The loss of a fetus
- Dismemberment or loss of limb
- A displaced fracture, meaning a bone break so severe that there’s a gap between bone fragments where the break happened
- Significant scarring or any other form of disfigurement
- Any other injury that your doctors are reasonably sure is permanent and disabling
These injuries are considered severe enough to justify a lawsuit, even if you have limited tort coverage.
Additionally, limited tort restrictions don’t apply if you get into a wreck with someone who doesn’t have or isn’t legally required to have personal injury protection (PIP) coverage like standard drivers are—for example, if your crash was caused by a negligent commercial truck driver. You also aren’t beholden to these rules if you’re from a state other than New Jersey and get hurt in a wreck while visiting the Garden State, although you’ll likely still need help from a local limited tort lawyer in Pennsauken if you want to handle this situation as effectively as possible.
Get Help from a Pennsauken Limited Tort Attorney Today
Navigating all the restrictions that New Jersey law might place on you after a car accident can be stressful and complicated under the best of circumstances. If you have limited tort or limited right to sue auto insurance, you’re almost guaranteed to have a difficult time getting the compensation you deserve if you try to pursue that compensation all by yourself.
Fortunately, you have support available from a knowledgeable Pennsauken limited tort lawyer with a track record of getting great case results on behalf of people a lot like you. Call Ostroff Godshall Injury and Accident Lawyers today to discuss your options.
