Can I sue even if I have limitation in my car insurance policy

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I was recently in a car accident and want to sue for personal injury. I have a sprained neck and need physical therapy. My jod requires me to lift and stand all day . The woman that hit me hit me from behind going about 20-25 miles per hour. I was taken to the hospital diagnosed with a sprained neck. The following day I went to my doctor and was diagnosed with the same thing but also was told I needed physical therapy and a MRI.. Thank you, Liz

Attorney Answers

4
Jonathan Reed ·
Please re-post with more information. What "limitation?" Also say what state the accident happened in and what state you have your insurance in. Some states are "no-fault" with much different rules than states with traditional insurance.
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Jeffrey Adams 866031.Html ·
You are referring to the '"serious injury" statute. The wisest thing you can do, other than what you have already done, is retain an attorney. Search , NJ AAJ, ask people you know and trust. Speak with 3 recommendations. Look to hire whom you are most comfortable and confident with. Do not do this alone. Insurance companies are not your friend. The are specialist. You may have a very significant condition and you need an expert. Good luck. Any questions, feel free to email [email protected]. As I border NJ, have significant experience. Happy 4th.
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Adam Springer ·
The limited tort option on your policy means that you must prove a "permanent injury" in order to recover non-economic damages (pain and suffering). This does not been you must be disabled or unable to work, but means that, after a course of treatment, you have a residual injury which in the opinion of a doctor, will not heal with further medical treatment. Typically, objective medical evidence, such as MRIs, EMGs, or other diagnostic studies are necessary to meet the burden of proof. Since your accident was recent, it is unknown if your injury will meet this threshold. If , for example, your MRI reveals a bulging disc or herniated disc in your neck, these are the types of injuries that typically vault the threshold, and can often result in a monetary settlement. I would strongly advise you to retain an qualified New Jersey persoanl injury attorney, perhaps me, as there is no risk to you to open a case because the case is taken on a contingent fee. If your injury turns out to be 'permanent' you may be able to recover money for your pain and suffering. You should also know that even if your injury is not permanent, you are still entitled to economic damages, which would include any lost wages. If you have lost wages you should document them. Finally, you should note that not all doctors are familiar with the requirements of this lawsuit threshold. The reports of the tresting dcotor are important to prove your case. Again, an expereienced attorney can recommend a medical provider in your area who will be able to write a competent report and, if need be, testify in court. I would be happy to discuss this with you further, as my firm has signficant experience in these types of cases. Feel free to contact me at 201-798-2711. -Adam Springer.
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Adam Lederman ·
The "limitation on lawsuit" option (commonly referred to as the Verbal Threshold) on your insurance policy will dictate whether you can bring a lawsuit. The good news is that the law provides several exceptions that will "break or "pierce" the threshold. You will need to see a treating physician and will have to undergo objective testing to determine whether or not you fit into one of these categories. The categories can be found in NJSA 39:6A-8a. From the sounds of it, you will need an MRI or some other objective test (CT Scan) to determine whether you break the threshold. I would be happy to discuss their further with you. You can contact me at 201-907-5000 or on my cell phone at 732-239-8839. Also, for a free copy of a book entitled "The Consumer's Guide to New Jersey Personal Injury Claims" please contact me with you address and I will send you a copy. This will help you navigate these troubling waters.
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