Detailed Answer
In New Jersey, you can recover medical benefits for minor soft tissue injuries and muscle pain under the state’s no-fault auto insurance law. However, you cannot pursue pain-and-suffering damages in a lawsuit unless you meet the “serious injury” threshold established by statute.
No-Fault Medical Benefits (PIP): Under N.J.S.A. 39:6A-4, Personal Injury Protection (PIP) covers reasonable and necessary medical expenses related to soft tissue injuries, muscle pain, whiplash, physical therapy, chiropractic care, and similar treatment up to your policy limits. PIP applies regardless of fault.
Serious Injury Threshold: To file a lawsuit for non-economic losses (pain and suffering), you must demonstrate a “serious injury” as defined by N.J.S.A. 39:6A-8. Typical soft tissue injuries and muscle pain do not qualify unless you can prove one of these conditions:
- Permanent disfigurement or significant scarring
- Fracture or substantial bone injury
- Permanent limitation of use of a body part or system
- Functional or structural loss of a non-organ bodily function
If your injuries do not meet these criteria, you remain limited to PIP benefits and cannot recover additional pain-and-suffering awards in New Jersey courts.
Helpful Hints
- Seek immediate medical care. Detailed, timely records strengthen your PIP claim.
- Keep copies of all medical bills, therapy records, prescriptions, and referrals.
- Track non-medical expenses such as transportation, assistive devices, and home care.
- Consult a personal injury attorney early to assess whether your injuries meet the serious injury threshold.
- File your PIP application within 30 days of the accident to preserve coverage under N.J.S.A. 39:6A-4.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation under New Jersey law, consult a licensed attorney.