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.
