Understanding the Serious Injury Threshold
In order to bring a lawsuit for an injury sustained in an automobile accident, the law requires that you must sustain a " serious injury ." This is defined as an injury which results in any one of the following:
- Death;
- Dismemberment;
- Significant Disfigurement;
- Fracture;
- Loss of a Fetus;
- Permanent Loss of Use of a Body Organ, Member, Function, or System;
- Permanent Consequential Limitation of Use of a Body Organ, Member, Function, or System;
- Significant Limitation of Use of A Body Function, or System;
- A Medically Determined Injury or Impairment of a nonpermanent nature which prevent you from performing substantially all of the material acts which constitute your usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident.
Thus, if as a result of an automobile accident you sustain a fracture of either a major bone, such as an arm or leg, or a minor bone, such as a finger, toe, or nose, then this injury will be enough to satisfy the "
serious injury threshold ." Alternatively, if you were totally disabled and therefore unable to resume your normal employment 90 out of the first 180 days following the accident, this would typically satisfy the threshold requirement as indicated above.
Where the threshold requirement becomes more difficult to assess is in the case of injuries such as whiplash and soft tissue injuries or sprains to the neck or back. In these instances, your ability to successfully bring a lawsuit will depend on the extent of your disability, your doctor's diagnosis and prognosis, and the extent of your medical treatment. In order to satisfy the threshold requirement for these type of injuries under the "significant limitation" or "permanent consequential limitation" it is very important that you continue to consistently treat with your doctors for as long as you are experiencing symptoms or pain, and that you continue to inform your doctor in detail of how you are feeling at each appointment. The doctor records and reports of pain made to the doctors, combined with the doctors findings, are a major component utilized by the insurance adjusters, judges, and juries in evaluating whether or not an injury is sufficient to overcome the threshold limitation.
Meeting the "serious injury threshold" does not affect your rights to recover for your basic economic loss such as lost wages or medical expenses, but seriously affects your rights to bring a lawsuit for your noneconomic loss such as pain and suffering. If it is questionable whether or not you have sustained a serious injury, the defendant can make a motion to dismiss your case before trial, ask the judge to dismiss your case during the trial, or ask the jury to dismiss your case at the time they render a verdict.
If you have sustained an injury from an automobile accident and you have any questions regarding the "serious injury threshold", please contact your case handler to discuss this important facet of the law in detail.
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