If you’ve been involved in a car accident and wish to pursue a claim against the at-fault party for pain and suffering, your injuries must reach a certain threshold.

According to the automobile legislation, you are permitted to sue if you have suffered:

• Permanent serious disfigurement (such as scarring); or
• Permanent serious impairment of an important mental, physical, or psychological function

You’re also able to sue if the accident results in the death of a family member.

Any damage award you receive for your pain and suffering is subject to a $41,503.50 deductible. However, any damages received in excess of $138,343.86 for pain and suffering is not subject to the $41,503.50 deductible. Of note, you can also sue for lost income, future lost income, impairment of your ability to earn income, loss of competitive advantage in the work-place, some out of pocket expenses, and business losses without meeting the threshold. These claims aren’t subject to the $41,503.50 deductible.

If you have questions about Tort law and how it impacts your case, call one of the dedicated lawyers at Pollack Tsimerman today.