How Serious Does My Injury Need to Be for a Valid Case?

When an individual sustains an injury in an accident, a primary concern often revolves around the severity of the injury and its potential to warrant legal action. This uncertainty can lead to hesitation, particularly when confronted with accumulating medical expenses and an inability to perform one’s occupation. New Jersey personal injury law aims to safeguard individuals who have suffered harm due to another party’s negligence; however, the criteria defining a “serious” injury are not always self-evident. For further information, please continue reading and consult a knowledgeable Morris County Personal Injury Attorney.

What is the Serious Injury Threshold in New Jersey?

The severity of an injury for a valid case depends on the type of claim you are filing, particularly if it involves a collision. For car accident claims, a victim’s insurance policy determines whether they meet the “serious injury” threshold to sue for non-economic damages. For other personal injury cases, such as slip and falls, the injury must be substantial enough to warrant a lawsuit.

Under New Jersey law, the “serious injury” threshold enables auto accident victims to sue for pain and suffering damages only if their injuries meet specific criteria. To qualify as a serious injury, a victim must demonstrate that the injury falls into at least one of the following categories:

• Death
• Dismemberment (loss of limb)
• Significant disfigurement or significant scarring
• Displaced fractures
• Loss of a fetus
• Permanent injury within a reasonable degree of medical probability

It should be noted that New Jersey is a no-fault state, meaning drivers have two primary options for determining their right to pursue legal action for their injuries following a car accident. Most drivers in the Garden State choose limited liability on lawsuit or “verbal threshold” coverage when purchasing auto insurance, as it is the cheaper option. With this policy, victims are limited to purising economic damages if they fall below the serious injury threshold. Those who select no limitation on lawsuit option face a more expensive policy; however, they are allowed to sue for non-economic damages regardless of the severity of their injuries.

How Can I Prove the Severity of My Injury?

To prove a serious injury, you will need to gather the following evidence:

• Objective Medical Evidence: You will need to collect diagnostic test results to demonstrate the physical damage or quantifiable limitations you have endured. Additionally, you will need to collect pertinent medical records that detail your diagnosis, treatments, and prognosis. A written statement from your healthcare providers specifying the severity and functional limitations caused by your injury can prove beneficial.
• Proof of Impact on Daily Life: It’s advisable to keep a detailed journal to record how your injury has affected your ability to perform daily tasks, work, engage in hobbies, or care for your loved ones. Keep in mind that if your injury is temporary, you might be required to prove you were unable to perform all of your usual and customary daily activities for at least 90 days out of the first 180 days following the incident.
• Consistency: Even if you feel better, you should refrain from stopping treatment too soon. This can, unfortunately, raise doubts about the injury’s severity. If there are any gaps in ongoing treatment, you should have your doctor provide a report explaining the reasons for the gap.

For more information, please don’t hesitate to contact a dedicated attorney at Lutz Injury Law.