HomeMy WebLinkAbout28003 injury" and the new Statute requires that the in~ured party ;
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' meet one of four thresholds which are as follows:
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~I 1) Significant and permanent loss of an important
;; bodily function; i
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2) Permanent in~ury within a reasonable degree of
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medical probability, other than scarring or disfigurement; ~
~~ 3) Significant and permanent scarring or dis- j
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~ figurement; '
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4) Death. ~
It is clear, then, that since the time the Supreme '
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: Court stated in Lasky in 1974 that the common law right to ~
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recover for pain and suffering was being replaced by a !
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'. reasonable alternative in only a few or very limited number ;
of cases, the legislature has, by statutory amendment, brought i
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~ about a situation where the common law right to recovery for
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these intangibles has been devastatingly circumscribed. '
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; Moreover, the legislature has rewritten the No-Fault Statute ;
~ to affect the payment of first party personal injury protection ~
benefits in such a way that only a portion of the injured
person's economic losses (i.e. medical bills and lost wages)
are paid. The original ilo-Fault Statute which passed
constitutional muster in Lasky, provided for the payment to
the injured Claimant of 10090 of his medical expenses and 85% ~
of his lost wages. This Statute was rewritten by the legis- ~
lature effective July 1, 1977, so that the present law ;
provides Chat only 8070 of the injured victim's medical
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expenses are paid by his insurance company, and 6070 of his
wages. The legislative enactment affects PIP coverage as an ;
alternative remedy in two respects. First, the insured will
no longer be guaranteed full recovery of his basic economic
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losses up to $5,000.00. (For example, assuming the victim -
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had $3,000.00 in medical expenses, only 809'o would be payable ~
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