Physical therapy is the process of restoring mobility and physical function to the body through exercises, stretches, and movements designed to increase strength and flexibility. It is significantly beneficial for individuals who have sustained orthopedic injuries, undergone surgery, suffered sports-related ailments, etc. However, sessions can be expensive. If you need physical therapy after being involved in an accident, you may wonder whether you can sue for the cost or if you will be responsible for covering it. Continue reading and work with an accomplished Monmouth County personal injury attorney for more information today.
Is NJ a No-Fault State?
Yes, New Jersey is a no-fault state when it comes to accidents. This means that after being involved in an auto accident, all parties involved must file a claim with their own insurance provider for injury-related expenses. Personal Injury Protection (PIP) covers medical expenses, transportation to and from appointments, the loss of income due to time taken off work, the cost to hire at-home care, and other expenses resulting from a physical injury.
Can I Sue for Physical Therapy Expenses After an Accident in NJ?
Depending on the specific circumstances of the accident, yes, you may be able to sue for the cost of physical therapy. If you were involved in a slip and fall, medical malpractice, or some other type of incident where another party was responsible for your injury, you can file a lawsuit for your damages, including expenses related to physical therapy sessions.
If your injury arose from a car accident, your legal options are slightly more complex. You can sue for physical therapy costs after a car accident only if your PIP does not cover the entirety of your expenses or if your injury is considered “serious.” Under NJ law, a serious injury that qualifies as an exception to the Limitation on Lawsuit Threshold includes “(1) death; (2) dismemberment; (3) significant disfigurement or significant scarring; (4) displaced fractures; (5) loss of a fetus; (6) a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.”
How Can I Recover Compensation for Physical Therapy?
As with any other type of damage, in order to recover compensation for physical therapy, you must be able to prove that the defendant was negligent and is responsible for your injury. You can establish negligence by demonstrating that the defendant owed you a duty of care and breached the duty of care, as well as that the breach of duty directly caused the accident, and you suffered real damages as a result.
You must establish a connection between your need for physical therapy and the incident that caused the injury. Do this by keeping detailed medical records and working with a knowledgeable personal injury attorney.
For more information and to secure skilled legal representation, reach out to an experienced lawyer today.