What Thresholds Must Be Met To File A Car Accident Lawsuit?

Posted on July 10, 2008 by Jason C. Brown

In an attempt to avoid clogging the courts with relatively minor lawsuits, the legislature requires one of four “thresholds” be met in order to bring a claim for personal injuries against an at-fault driver. The thought is that no-fault benefits should be sufficient to compensate those who have not met one of the following criteria: 

  • $4000.00 in medical expenses, exclusive of diagnostic scans and x-rays; or
  • An injury that is permanent; or
  • A disability lasting 60 days or more; or
  • Death.

Unless one of these thresholds is met, a lawyer may not bring a claim for injury against the other driver on your behalf. Often, this issue will remain in controversy throughout your claim process. Good car accient lawyers understand that at the time of your initial call, one of these thresholds has probably not been met.

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