MRI OR EMG EVIDENCE IS USED TO OVERCOME THE LIMITATION ON LAWSUIT INSURANCE OPTION RESTRICTION ON RECOVERY
In New Jersey, most car drivers and occupants have automobile insurance policies that require them to prove that they sustained injuries which fit into one or more of the following six categories in order to recover fair and reasonable compensation for their disability or impairment suffered as a result of their injuries caused by another’s automobile negligence:
1. Death
2. Dismemberment
3. Significant disfigurement or significant scarring
4. Displaced fracture
5. Loss of a fetus
6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
If none of the claimed accident injuries come within one of these six [6] categories, then that automobile occupant will not be able to recover compensation for their disability and impairment suffered because of an accident.
Most New Jersey motor vehicle cases involve claims that an automobile occupant suffered a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement (a “Type 6” claim). An injury is 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. To prove a permanent injury was caused by a motor vehicle accident, objective, credible medical evidence must be used. The injury cannot be based solely upon a showing of subjective complaints, but rather verified by physical examination or medical testing.
And in most cases involving a claim of suffering a permanent injury in a motor vehicle accident, a type 6 injury, positive MRI or EMG findings are used by treating physicians as objective credible medical evidence to prove their patient suffered a permanent injury. The New Jersey Administrative Code says that MRI and EMG are diagnostic tests, which have been determined to have value in the evaluation of injuries, the diagnosis, and development of a treatment plan for persons injured in a covered accident, when medically necessary and consistent with clinically supported findings. See N.J. Admin. Code § 11:3-4.5.
In many cases were X-rays or CT Scans were taken but failed to reveal any acute permanent injury, yet the automobile occupant involved in the motor vehicle accident still suffers from an injury, discomfort, or pain since the accident, an MRI or EMG often provides the objective credible medical evidence to support the permanent automobile related injury. Even though many X-rays or CT scans taken after an accident are normal or failed to show a new injury, many automobile occupants involved in an accident continue to suffer a worsening, weakening or loss of faculties, health or ability to participate in activities. They continue to suffer a loss of enjoyment of life, which means an inability to pursue one’s normal pleasure and enjoyment. MRI and EMG results frequently objectively show injuries to various body parts that do not appear on X-rays or CT scans. These MRI and EMG findings are relied upon by physicians in support of their opinions that an injury caused by an automobile accident is permanent.
Williams Cedar, LLC specializes in New Jersey Limitation on Lawsuit and Verbal Threshold cases. We can help automobile accident victims who have been injured in an accident to obtain the required objective credible medical evidence to obtain significant recoveries for our clients. Feel free to contact our office for a free case evaluation concerning your potential legal matter, by calling us at (856) 470-9777.