My 12 year old son was a back seat passenger in a head on collision. the driver of the other vehicle has assumed and so has their carrier 100% liability for the accident. I am told that since my 12 year old has no permanent injuries I have no basis to file suit. They offered us $10,000 to settle the claim. He has been seeing a chiro since the accident for discomfort. Does this sound right?
1 Answer from Attorneys
They are most likely referring to the verbal threshold. In order to get past the verbal threshold those injured in automobile accidents must prove through objective credible medical evidence that he or she has sustained a permanent injury along with the submission of a sworn physicians certification. The state statute also provides that “an injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.” If the other vehicle was a commercial vehicle this would not apply. Consult with an attorney. Feel free to contact our firm. (732) 646-5529 or www.64njlaw.com.