Although the legal term "tort" may seem complex, it is quite straightforward in concept. The simplest definition is an act that caused harm to another party. The purpose of tort law is to ensure that those who have been injured are compensated for their suffering.
When suing other parties, there are two types of tort laws that you should be aware of: limited tort and full tort. We will help you distinguish between the two in the following article. However, with any legal action, we highly advise you to consult with a NJ personal injury attorney for guidance.
The team at Brandon J. Broderick has been working with clients in New Jersey for more than a decade. We are dedicated to helping victims get the justice they deserve.
Difference Between Full Tort and Limited Tort
Choosing between suing a negligent party in a car accident or personal injury case will be impacted on whether it is a full tort case or limited tort case.
The laws in your state determine whether you have the option of limited tort or full tort. Limited tort is an option outside of full tort in states like Pennsylvania, Kentucky, and New Jersey.
If you opt for limited tort car insurance, rather than full tort, you will not be able to sue the other driver for pain and suffering in the event of an accident. With this insurance, you can file a claim against the other motorist if you suffer from serious injuries as a result of the collision.
Pain and suffering claims may be pursued in some cases even if full tort coverage is unavailable. A court may make an exemption, or you may file a lawsuit if you are injured by a drunk driver.
If you have full tort car insurance, you can sue the negligent driver without any limitations. You can file a claim for pain and suffering if you are experiencing anxiety or chronic pain as a result of the accident, in addition to your medical costs and lost income from time away from work. In exchange for a higher premium, full tort insurance gives you unrestricted legal recourse against a negligent driver.
No-Fault Insurance and Tort Laws
You have less legal options in "no-fault" insurance states. Even if you are not at fault in an accident, you and your passengers still need to have your own insurance that covers medical expenses (such as personal injury protection or PIP). After an accident, rather than filing a personal injury lawsuit against the at-fault driver, you file a claim with your own insurance carrier.
However, even in no-fault states, the right to sue is subject to certain limitations. In a no-fault state, you can file a lawsuit if you suffer serious injuries or if your medical costs exceed a specific amount. A "serious" harm, such as permanent disfigurement, is defined under state law.
The drivers in the no-fault states like New Jersey can choose between full tort and limited tort. Even if your tort remedies are more limited, you may still be able to sue a negligent driver in the event of an accident.
New Jersey Full Tort & Limited Tort Insurance
If you have full tort coverage in New Jersey, you can file a lawsuit against the at-fault driver. No matter how serious your injury is, you have the right to claim for pain and suffering as well.
By choosing limited tort coverage in New Jersey, you waive certain legal rights in the event of an injury, with the following exceptions:
- Loss of a limb
- Scarring or disfigurement
- Displaced fracture
- Death
- Loss of a fetus
- Permanent disability
Brandon J. Broderick, Attorney at Law Is Here 24/7
If you or a loved one has been seriously injured in a car accident in New Jersey, our team of NJ car accident lawyers can help.
Brandon J. Broderick, Attorney at Law has made it our mission to help people like you get the compensation you deserve after an accident.
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