Personal Injury - Thresholds

In a claim for personal injuries resulting from a car accident the plaintiff (the injured person who has sued for damages) is required to prove that (s)he has met one of the statutory “thresholds.”

The thresholds are:

over $4,000 medical expenses caused by the accident;
at least 60 days disability from substantially all normal activities; or
permanent injury or disfigurement

The jury will make these determinations. They must do so in response to verdict questions. See sample Special Verdict form. Neither the parties, nor the lawyers or the court, are permitted to inform the jury of the significance of these questions as “thresholds”. No matter how the jury responds to fault or damages questions, if they do not find at least one threshold, the plaintiff loses.

Discuss thresholds with your lawyer, as they may be important to the evaluation of your claim.