Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 5, 2012

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Insurance Question from East Vineland, NJ

Asked on 01/05/2012

I know of someone that was in a car accident about a year ago. I want to know what type of compensation can be received for pain and suffering. There is a family member of mine that was in a car accident, which was not her fault. There was a car that went through a stop sign, and she ran right into him. Right after the accident, she felt fine. She accepted the "lesser charge" (I'm guessing it was his first offense), and moved on. She purchased a new car, and felt fine. Well, a couple months later is when it hit her. She doesn't want to drive anymore, has nightmears, and lost her job, not due to physical pain, but because of emotional stress. What can she get for pain and suffering? Does she contact insurance company? State is NJ..

Answer given on January 07, 2012

If your relative submitted a claim for injury due to the accident she had, and accepted a settlement, it is possible that she signed a release for any future injuries. That could complicate any additional payments for the accident. She may be able to reopen the claim. She should contact the insurance company to see if they are willing to reopen the claim.If she did not make a claim for injuries, then she may now be able to open a claim for bodily injury from the accident. Each state has regulations about how long a bodily injury claim can be submitted after an accident. It is usually between one and three years. Have you relative contact the insurance company and ask the company to open a bodily injury claim. If she has not seen a doctor,she may need to do so, but she should discuss this with the adjuster.


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