When filing a car accident claim, especially in states with no-fault insurance laws, meeting the “serious injury” threshold is crucial. This legal standard determines whether an injured party can pursue a claim for damages beyond what personal injury protection (PIP) insurance covers.
Here, you can learn more about the serious injury threshold law in Pennsylvania and how it may apply to your car accident claim.
Definition of a serious injury
The “serious injury” threshold varies by state but typically includes injuries that significantly impact a person’s ability to lead a normal life.
Common examples include:
- Bone fractures
- Permanent disfigurement
- Significant scarring
- Disability lasting more than 90 days
In some states, death or permanent loss of an organ or body part also qualifies as a serious injury.
Why does the threshold matter?
PIP insurance is designed to cover basic medical expenses and lost wages in no-fault insurance states. However, victims must meet the serious injury threshold for non-economic damages like pain and suffering. If the threshold is not met, the injured party may be limited to seeking compensation only from their PIP insurance.
Proving serious injury
Medical documentation is critical to meeting the serious injury threshold. Victims should gather medical reports, expert opinions, and ongoing treatment records to demonstrate their injuries’ severity. Legal guidance may also be necessary to navigate the complexities of proving serious injury in court.
Understanding the serious injury threshold is essential in a car accident claim, particularly for those seeking compensation beyond what PIP insurance offers. If you’ve suffered severe injuries, you may be eligible for additional damages, but proving your case will require solid evidence and potential legal assistance.