A: The limitation on lawsuit threshold selection makes it difficult to obtain recovery for pain and suffering. Only if your injury falls within 6 exceptions, will you be able to recover pain and suffering damages. Your injury must be one of the following: (1) death; (2) dismemberment; (3) loss of a fetus; (4) significant disfigurement or scarring; (5) displaced fractures; or (6) permanent injury.
Permanent injury is defined as a body part or organ that has not healed normally and will not do so with any further medical treatment. Simple fractures or strains/sprains usually will not meet the standard. Factors such as length of treatment, type of treatment, extent of the injury and effects the injury has had on the person's life are important.
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