Sunday, April 21, 2013

Your Legal Corner: 'No limitation on lawsuit' auto insurance

Today Your Legal Corner will provide information on the “No Limitation on Lawsuit” auto insurance option.
With our recent tragedies, it seems to me that we all know that not every day is going to be a good day. In fact, on some days we need just to find the will and the strength to get through them.
Getting what you want is neither always easy nor possible. In this instance, payment in advance is required simply to keep a right that should have been yours all along … the right to sue.
No Limitation on Lawsuit Insurance Policy
Under a no limitation on lawsuit policy, you are compensated for all your injuries should you become involved in an automobile accident. You will be compensated by the person who harmed you for your lost wages and for the pain and suffering of you and your family. Under this threshold, you retain your constitutional right to a jury trial if you are injured in a car accident.
NJ.S.A. 39:6A-8
As you may recall from last week, under the lawsuit limitation policy, one may sue only under the following circumstances when involved in a car accident: death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of fetus or permanent injury. Permanent injury is defined as when a body part has not and will not heal to function normally with further treatment and confirmed by diagnostic testing.
What this means is you could be saddled with more than a thousand dollars in medical bills that will not be paid by your own insurance company because they are subject to the deductible and co-payment provision of your policy. And yes, this also means you may not be entitled to receive funds for pain and suffering where the accident is not your fault. This is the result of having a limitation on your rights to sue when involved in an automobile accident.
Problems with Limitation on Lawsuit
The Limitation on Lawsuit costs less from an insurance standpoint. However, if involved in an accident you stand to lose much more. If you want to protect yourself from a negligent driver select the No Limitation on Lawsuit threshold. Don't be fooled by false savings.
The insurance company is not the enemy. However they are a business and, like any business, their goals are profits. Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a personal injury lawyer who is going to fight for you. If you're involved in an accident, an attorney or law firm who has the knowledge to protect your rights and maximize a settlement can make a huge difference. Without the strength of an experienced personal injury lawyer or firm, you may not receive the true value of your case.
So, review your policy and consult with a law firm experienced in personal injury when involved in an automobile accident to explain your policy and inform you as to your legal entitlements. And remember — try to make each day count even if it doesn't appear to be your best day!
Next week YLC will discuss “Family Leave Act.” Till next time, God bless, keep smiling and remember who's in Your Legal Corner. Victoria M. Dalton is a dedicated Family/Elder Attorney, with the Law Firm of HoffmanDiMuzio. To contact Ms. Dalton for further information call 856-845-8243 or 856-863-8776; email correspondence to vdalton@hdhlaw.com.
Your Legal Corner was created by Victoria M. Dalton, Esquire to provide educational information regarding the law. The content of Your Legal Corner is not and will not replace legal advice.
South Jersey Media Group and nj.com accept no responsibility or liability whatsoever with regard to the information in this article.

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