Like all lawsuits based upon negligence, a lawsuit based upon a motor vehicle accident requires proof of negligence as well as proof of injury caused by that negligence. Partly because there were so many lawsuits based on motor vehicle accidents, the legislature determined long ago to weed out those of a less serious nature. It is the severity of the injury that determines which lawsuits may be fought and which are 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 must prove that the injury sustained 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 concerned with fault. They are available to an injured accident victim irrespective of who caused the accident. No lawsuit is necessary to obtain them, just a simple application. In exchange for the opportunity and access to these no-fault benefits, the legislature made it a requirement that he who brings a motor vehicle lawsuit must prove that he sustained a serious injury.

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, although not automatically, may qualify as a serious injury if they meet one of several definitions set out by the law. A lawyer is trained to evaluate an injury and provide guidance in determining whether it qualifies as serious injury.