A liability claim is the claim made against another person who is responsible for the accident that caused your injury (usually referred to as the at-fault driver), for acting recklessly or negligently. If it has been determined that another person is liable for the accident, you may be able to recover damages for your injuries from that person or their insurance company. A liability claim is brought forth primarily for pain and suffering, wage loss, and excess medical bills that have not been paid for by your no-fault insurance company.
In order recover for your pain and suffering you must establish that you have met one of the following criteria or “thresholds” set forth:
1. The existence of a permanent scar or disfigurement;
2. Sixty (60) days or more of disability (a physician’s documentation is required);
3. $4,000 or more in medical expenses;
4. The existence of a permanent injury (again, this requires a physician’s documentation); or
5. Death (claim to be brought by the heirs).
What this means is that your attorney must show that you have met or surpassed—or anticipate meeting—the “threshold” requirements for bringing a claim against the at-fault driver. If these requirements are not met, there is no recovery for your pain and suffering.
If you have sustained damages as a result of a motor vehicle crash, please give us a call with any questions you may have. Our experienced attorneys will discuss your options for moving forward. We are here for you and have your best interests in mind.