If you have suffered a permanent injury in a car accident, you are likely facing a long and difficult road to recovery. But did you know that New Jersey law sets a high bar for proving the severity of your injuries? This “serious injury” threshold can make it harder to get the compensation you deserve.
What is the “serious injury” threshold?
In New Jersey, the “serious injury” threshold is a legal standard that determines whether an individual can sue for pain and suffering in a personal injury case. To meet this threshold, the court must deem your injury serious – a term often subjective and open to interpretation.
Some examples include:
- Permanent scarring or disfigurement: Such as severe burns or lacerations
- Loss of a body part or organ: Including amputations or loss of vision
- Traumatic brain injuries: Injuries that result in cognitive impairment, memory loss or other long-term effects on brain function
- Spinal cord injuries: Injuries that result in paralysis, numbness or tingling in the extremities
- Permanent disability: Injuries that render an individual unable to work or perform daily activities
Keep in mind that these are just a few examples, and the determination of what constitutes a “serious injury” can vary depending on the specific circumstances of your case.
The impact on permanent injury claims
If the court finds your injury not “serious” enough, you may be limited to recovering only medical expenses and lost wages, rather than compensation for pain and suffering. This can be devastating, especially if you are facing a lifetime of medical bills, lost income and emotional distress.
Do not give up hope
If you are struggling to navigate New Jersey’s complex legal system, do not give up hope. An experienced personal injury attorney can help you understand the “serious injury” threshold and build a strong case to secure the compensation you deserve. They can help you gather evidence, consult with medical experts and advocate on your behalf.
Remember, you did not ask to be injured, and you should not have to suffer in silence. Seek out the help you need to get your life back on track.