What is Considered a Serious Injury in a Car Accident?

What Is the Serious Injury Threshold?

Typically, serious injuries are defined as including death, permanent disfigurement, lasting impairment, or significant complications arising from medical treatment related to the accident.

Crash victims that require any inpatient hospitalization, regardless of length of time, other than medical observation or diagnostic testing typically have sustained injuries bad enough to qualify. Understandably, to people who have been injured, even relatively minor harm suffered is serious.

However, the serious injury threshold is a legal standard used in some US states to determine whether a lawsuit can be pursued against the at-fault driver.

The legal requirements for breaking the severe injury threshold vary from state to state; however, the criteria are almost always very strict.

A national definition for serious injury includes severe laceration which expose tissue or bone and result in massive blood loss, broken extremities, skull chest or abdominal injuries, significant burns, unconsciousness when taken to treatment, and paralysis according to the Department of Transportation. ^[3]

Sustaining such injuries almost always implies significant physical impairment and substantial pain and suffering.

No-Fault vs. At-Fault State and Why Does it Matter?

If you suffer a major car accident in a no-fault state, you can only file a claim against the at-fault driver’s insurance company or a personal injury lawsuit if your injuries break the serious injury threshold.

If that's not the case, the personal injury protection (PIP) insurance carried by at-fault drivers in no-fault states actually limits your ability to file a claim against the at-fault driver’s insurance. You can seek compensation from your own insurance company through your own PIP, which may limit the amount you can receive as compensation to cover your medical expenses.

"After a catastrophic accident, it's commonly left to loved ones to help pick up the pieces during treatment..."

As a result, for any medical bills and other associated expenses that exceed the amount you can receive in compensation, you’ll have to cover the difference out of your pocket. However, if the sustained injuries exceed the serious injury threshold, you’re no longer legally restricted by no-fault laws and regulations.

Sustaining injuries that break the serious injury threshold allow you to file a personal injury lawsuit against the at-fault driver and seek compensation from the at-fault driver’s insurance company as well.

On the other hand, things work differently in at-fault states. In these states, the at-fault driver is considered responsible for causing the accident and accountable for paying the damages and injuries that result from the accident.

This means that you can file an injury claim regardless of the threshold and legally seek compensation for all the expenses that might have resulted from the accident from the responsible party. This includes monetary compensation for your medical expenses, lost wages, property damage, and other damages.

Here’s a general breakdown of serious injuries:

Wrongful Death — If a person dies as a result of a car accident, the deceased obviously can’t be compensated, but the surviving family members can.

Severe lacerations — These include lacerations that result in excessive blood loss and exposed tissue, muscle, or bone.

Burns — Second-or third-degree burns that cover more than 10% of the car accident victim’s body.

Traumatic Brain Injury — Severe TBI can result long-term cognitive, physical, and emotional impairments.

Dismemberment — Also known as amputation, the injured has lost at least one of their limb or part of a limb, such as a finger or a toe.

Fractures — The motor vehicle accident victim suffered any distortion or fracture (broken bone).

Loss of limb and amputation — Leads to life-long disability and adaptation challenges.

Spinal cord injury, paralysis, paraplegia, or quadriplegia - Results in life-altering partial or complete loss of mobility and sensation.

Significant disfigurement — These injuries result in significant, visible scarring that would —as per legal jargon—hold you up to “ridicule and scorn.”

Loss of vision or hearing — Blindness, loss of an eye, or hearing loss creates a profound impairment on daily living.

Internal injuries or organ damage — Includes permanent loss of use and permanent consequential loss of use of a body organ, member, function, or system. This also includes internal bleeding, soft tissue damage, traumatic brain injury, and spinal cord injury.

Loss of a fetus — Loss of a fetus as a result of a car crash qualifies as a serious injury in an auto accident.

VERY IMPORTANT: Some non-permanent injuries are determined by your doctor, such as those that would prevent you from performing your daily personal and professional activities for not less than 90 days within 180 days immediately following your accident.

Common Injuries From Car Accidents

Serious injuries often result from life-threatening situations and have life-altering effects on the victims. However, it’s critical not to ignore any non-life-threatening injuries that don’t seem as severe because some of them may still have lasting impacts and potential secondary symptoms. These include:

Whiplash — Whiplash is a neck injury caused by a sudden head jerk, mostly associated with rear-end collisions. The recovery rate depends on many factors, and some fully recover from whiplash in a matter of weeks, while others suffer from chronic neck pain for the rest of their lives.
Scrapes and bruises — The majority of victims involved in car accidents just end up with a couple of scrapes and bruises. However, it’s still important to seek medical attention, as these can become more severe if not cared for.
Strains and sprains — These muscular and ligamentous injuries are mostly caused by sudden, willful movements, such as bracing for impact or jerking the steering wheel to the side in an attempt to avoid a collision.
Concussions — Concussions are mild brain injuries caused by a sudden blow to the head or sudden deceleration. The brain inside the head literally hits against the inside of your skull, causing damage. The impact damage can lead to headaches after a car accident, and can be an indicator of life threatening complications like a brain bleed.
Seatbelt injuries — Seatbelt-incurred bodily injuries range from smaller bruises and cuts to burns caused by friction.

Despite being non-life-threatening, these types of injuries are known to have long-term effects, so we advise that you seek medical attention after suffering a serious collision to ensure adequate diagnosis and medical treatment.

This could further protect you from being accused of exaggerating your injuries, which is something insurance companies regularly do to diminish the value of your car accident claim. It’s best not to delay any medical examination or treatment and provide them with an excuse.

Common accidents types our attorneys frequently handle:

Driver Behavior That Causes Serious Injury

Unfortunately, many driving practices can lead to car accidents that result in personal property damage, injuries, and fatalities. The most common cause, aside from mechanical malfunctions, is the fact that many drivers choose to neglect some of the basic traffic rules. Here’s a list of driver behavior that causes serious injury:

Speeding — Speed is a contributing factor to more than 25% of all car accidents with a fatal outcome. Put simply, the speed increases the danger of collision by increasing the impact force, thus increasing the chance of injury or even death.
Driving Under Influence — Drivers under the influence are involved in approximately 30% of all fatal car accidents. DUI that results in a wrongful death has severe financial implications, followed by a loss of freedom (jail time).
Aggressive Driving — More than 50% of car crashes involve aggressive or reckless driving and failure to observe and adhere to traffic laws.
Failure to Yield Right of Way — Failure to yield right-of-way happens when a driver disregards the laws and rules and thus disregards the safety of others in traffic.
Distracted Driving — Cell phone use or texting while driving account for about 13% of accidents with fatal outcomes and about 9% of injury crashes.

External Resources

Whistleblower News

$6.5 Million Settlement Client Rear Ended & Suffered Brain Damage
- Ft. Lauderdale, FL (Rubenstein Law)
$2.17 Million Awarded Victim in Three-Vehicle Crash
- Illinois Appellate (May 6 - Goldenhersh Lawsuit)
$4 Million Lawsuit Settlement in State Trooper Patrol Car Accident
- Washington State, (Terlinchamp Verdict)

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