As in all negligence lawsuits, a suit based on a motor vehicle accident requires proof of negligence as well as proof that any injury in question was caused by that negligence. Due in part to high numbers of motor vehicle accident lawsuits, legislature determined long ago to weed out those of a less serious nature. The severity of injuries involved in a motor vehicle accident lawsuit determines whether the lawsuit may be fought or is subject to dismissal. To avoid dismissal, a plaintiff in a motor vehicle accident must do more than prove that he sustained an injury. Rather, he or must prove that the injury was serious.

Why must a motor vehicle accident plaintiff overcome this additional obstacle of proving a serious injury? Typically, a person injured in a motor vehicle accident may take advantage of certain insurance benefits that cover medical expenses, lost wages, and other costs. These benefits are provided under the no-fault law. As the name indicates, no-fault benefits are not dependent on fault--they are available to an injured accident victim regardless of who caused the accident. No lawsuit is necessary to obtain them, just a simple application. In exchange for the opportunity to access these no-fault benefits, the legislature made it a requirement that people bringing forth motor vehicle accident lawsuits prove the seriousness of their injuries.

What qualifies as a serious injury? A serious injury is defined by the law in various ways. For example, an injury that results in death, dismemberment, or a fractured bone automatically qualifies as a serious injury. Other types of injuries may also qualify as serious if they meet one of several definitions set out by the law. Our lawyers are trained to evaluate injuries, provide guidance in determining whether they qualify as serious, and therefore best determine what resources are available to our clients.