• 2003 - Serious Injury – Definition
  • C-3.70
    • Accidents
    • Damages
    • Motor Carriers
    • Motor Vehicles
    • Tort Liability
    • Tort Liability
  • To recover damages for non-economic loss, Plaintiff [and/or Defendant – if there is a Counterclaim] must prove by the greater weight of the evidence that the motor vehicle accident was a proximate cause of a serious injury.

     

    “Serious injury” means an accidental bodily injury which results in [death,] [dismemberment,] [serious and permanent disfigurement,] [disability beyond 60 days,] [or] [medical expenses in excess of $2,500.00].

     

    As used in the definition of serious injury:

     

    1) “Accidental bodily injury” means bodily injury, sickness or disease, including death, arising out of the operation of a motor vehicle, and which is accidental [as distinguished from intentional];

     

    2) “Disability” means the inability to engage in substantially all the injured person’s usual and customary daily activities;

     

    3) “Medical expenses” means reasonable charges incurred for necessary medical, surgical, x-ray, dental, prosthetic, ambulance, hospital or professional nursing services [or services for remedial treatment and care rendered in accordance with a recognized religious healing method]. [“Medical expenses” do not include that portion of the charge for a room in any hospital, clinic, convalescent or nursing home, extended care facility, or any similar facility in excess of the reasonable and customary charge for semiprivate accommodations unless intensive care is medically needed.]

    • 12.1-05-12
    • 26.1-41
    • 26.1-41-01(1)
    • 26.1-41-01(6)
    • 26.1-41-01(9)
    • 26.1-41-01(21)
    • 26.1-41-08
    • Anderson v. Jacobson, 2001 ND 40, 622 NW2d 730
  • Notes: In cases where the injured person is furnished services for which medical expenses are ordinarily incurred, and the services are provided without charge or at less than the average reasonable charge for the service in this state, it is for the Court to determine whether or not the fair and reasonable value of the services exceeds $2,500.00. See NDCC 26.1-41-01(21). There is no statutory definition for serious and permanent disfigurement. .