If you’ve been involved in an accident in New Jersey, you’re probably wondering whether you can sue the at-fault driver to recover compensation for the pain and suffering you endured. The answer depends on a few key factors.
First is the kind of insurance policy you carry. Drivers in New Jersey can choose between a limited and an unlimited right to sue policy. With an unlimited right to sue, you can take legal action against the other driver for any injuries you suffer in a crash — even minor ones.
On the other hand, a limited right to sue policy only allows you to to sue for pain and suffering if your injuries are severe enough to meet the legal threshold. These include losing a body part, significant disfigurement or scarring, a displaced fracture, loss of a fetus or permanent injuries that result in lasting damage.
How much can you recover?
Compensation varies on a case-by-case basis. Some of the factors that may come into play when determining the value of your claim include:
- The severity and permanence of your injuries
- Their impact on your daily life
- Your age and general health before the crash
- How convincing and well-documented your evidence is
There’s also the issue of shared fault if you contributed to the accident. Your percentage of fault will reduce your compensation, and you may not recover anything at all if you were more than 50% to blame.
With so many complexities to the law, it’s best to get a qualified evaluation of your case. The proper legal guidance can help you understand your rights and options while protecting your interests as a crash victim.