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I was injured in an accident in New Jersey and have the limitation on lawsuit selection in my car insurance policy. Can I recover for pain and suffering?


A: The limitation on lawsuit threshold selection makes it difficult to obtain recovery for pain and suffering.  Only if your injury falls within 6 exceptions, will you be able to recover pain and suffering damages.  Your injury must be one of the following: (1) death; (2) dismemberment; (3) loss of a fetus; (4) significant disfigurement or scarring; (5) displaced fractures; or (6) permanent injury.

Permanent injury is defined as a body part or organ that has not healed normally and will not do so with any further medical treatment.  Simple fractures or strains/sprains usually will not meet the standard.  Factors such as length of treatment, type of treatment, extent of the injury and effects the injury has had on the person's life are important. 

Access our free article on New Jersey Car Accident Law and the Limitation on Lawsuit Threshold Selection.

If you've been injured in a car or truck accident in New Jersey, it is vital that you speak to a qualified, experienced New Jersey/Pennsylvania car and truck accident lawyer. Our main offices are in Cherry Hill, Paramus, Philadelphia and Conshohocken. We serve accident victims in Pennsylvania and New Jersey and always offer a free consultation. 1-877-944-8396

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Our Offices

  • Philadelphia (*Primary)
  • 1650 Market Street, Suite 1800
    Philadelphia, PA 19103
  • Phone: (215) 864-7168
  • Toll Free: (877) 944-8396
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  • Cherry Hill
  • 457 Haddonfield Road
    Cherry Hill, NJ 08002
  • Phone: (856) 317-3600
  • Toll Free: (877) 944-8396
  • Directions