Personal injury cases in New Jersey often involve complex medical evaluations, particularly when a plaintiff seeks compensation for pain and suffering. One critical aspect of these cases is meeting the state’s “verbal threshold” requirements, a legal barrier designed to limit claims for non-economic damages in auto accident cases. Among the diagnostic tools available, spinal magnetic resonance imaging (MRI) plays a pivotal role in demonstrating the extent of an injury and its impact on the claimant’s life. This blog explores how spinal MRIs can help pierce the verbal threshold and strengthen personal injury claims in New Jersey.
Understanding the Verbal Threshold
The verbal threshold, established under New Jersey’s Automobile Insurance Cost Reduction Act (AICRA), limits the ability of injured parties to recover compensation for non-economic damages unless they can demonstrate a “serious injury.” According to N.J.S.A. 39:6A-8(a), the statute specifies six categories of injuries that satisfy the verbal threshold:
- Death
- Dismemberment
- Significant disfigurement or scarring
- Displaced fractures
- Loss of a fetus
- Permanent injury within a reasonable degree of medical probability.
For many plaintiffs, particularly those with spinal injuries, proving a “permanent injury” is key to piercing the verbal threshold. Spinal MRIs are a crucial tool for establishing the nature and severity of these injuries.
What Is a Spinal MRI?
A spinal MRI is a non-invasive diagnostic test that uses magnetic fields and radio waves to create detailed images of the spine, including the vertebrae, intervertebral discs, spinal cord, and surrounding soft tissues. Unlike X-rays, which primarily show bone structures, MRIs provide comprehensive views of soft tissue damage, nerve compression, and other abnormalities that may not be visible through other imaging methods.
Common Spinal Injuries Diagnosed with MRI
Spinal MRIs are particularly effective at identifying injuries that are common in personal injury cases, such as:
- Herniated Discs: A condition where the gelatinous center of a spinal disc pushes through its outer layer, potentially pressing on the spinal cord or the spinal nerves causing pain, numbness, and/or weakness.
- Bulging Discs: While less severe than herniated discs, bulging discs can still cause significant discomfort and impair mobility.
- Spinal Stenosis: Herniated or bulging discs can cause stenosis or narrowing of the spinal canal that houses the spinal cord, or lateral canals that house the spinal nerves, resulting in nerve compression.
- Nerve Impingement: Also called nerve compression or what some refer to as a pinched nerve, may produce radiating pain or loss of function.
- Soft Tissue Injuries: Damage to muscles, ligaments, and tendons surrounding the spine.
Proving “Permanent Injury” with Spinal MRIs
To meet the verbal threshold requirement of a “permanent injury,” the plaintiff must provide objective medical evidence that their condition will not heal to its pre-accident state. Spinal MRIs offer compelling evidence in this regard. Here’s how:
- Objective Documentation: MRI images provide clear, visual proof of physical damage, such as a herniated disc or nerve impingement. Unlike subjective complaints of pain, these images offer indisputable evidence that can stand up to scrutiny in court.
- Corroborating Symptoms: MRI findings can be directly correlated with the plaintiff’s symptoms, such as radiating pain or mobility issues, strengthening the causal link between the accident and the injury.
- Expert Testimony: Radiologists and medical experts can interpret MRI results to explain the severity and permanence of the injury. Their testimony can be instrumental in persuading a judge or jury.
- Quantifying Future Impact: MRI results can help medical professionals project the long-term implications of the injury, such as chronic pain or the need for future medical interventions, bolstering claims for non-economic damages.
Spinal MRIs and Legal Strategy
In New Jersey personal injury cases, the use of spinal MRIs goes beyond medical diagnostics; it is also a powerful legal tool. Here’s how:
- Pre-Litigation Negotiations: Spinal MRI findings can be used to substantiate claims during settlement negotiations with insurance companies, compelling them to offer fair compensation without going to trial.
- Trial Evidence: If a case proceeds to trial, MRI results serve as concrete evidence that jurors can easily understand. Visual aids, such as annotated MRI images, can be particularly persuasive.
- Counteracting Defense Arguments: Defense attorneys often argue that a plaintiff’s injuries are aggravations of pre-existing degeneration. Spinal MRIs can prove otherwise.
Challenges and Considerations
While spinal MRIs are invaluable, their use in personal injury cases is not without challenges:
- Cost: MRIs can be expensive, and insurance may not cover the procedure unless deemed medically necessary.
- Interpretation Disputes: Defense experts may offer differing interpretations of MRI results, creating a “battle of the experts” scenario.
Conclusion
Spinal MRIs are a cornerstone in New Jersey personal injury cases, particularly for claimants seeking to pierce the verbal threshold. By providing objective, detailed evidence of serious and permanent injuries, these imaging studies can substantiate claims for non-economic damages and significantly influence the outcome of a case. For plaintiffs and attorneys navigating the complexities of New Jersey’s personal injury laws, timely and accurate spinal MRIs are an invaluable resource in building a compelling case for fair compensation.
