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The Damages Threshold for "Noneconomic Detriment"

Posted by: euser
December 26, 2006
Topic: Minnesota No-Fault Law

Under Minn. Stat. § 65B.51, Subdivision 3, a person seeking damages for "noneconomic detriment" must meet one of two threshold requirements. Under the first threshold, the sum of the following must exceed $4,000:

(1) reasonable medical expense benefits paid, payable or payable but for any applicable
deductible, plus

(2) the value of free medical or surgical care or ordinary and necessary nursing services
performed by a relative of the injured person or a member of the injured person's household, plus

(3) the amount by which the value of reimbursable medical services or products exceeds the
amount of benefit paid, payable, or payable but for an applicable deductible for those services or
products if the injured person was charged less than the average reasonable amount charged in
this state for similar services or products, minus

(4) the amount of medical expense benefits paid, payable, or payable but for an applicable
deductible for diagnostic X-rays and for a procedure or treatment for rehabilitation and not for
remedial purposes or a course of rehabilitative occupational training.

If this threshold cannot be meet, the injury must result in:

(1) permanent disfigurement;
(2) permanent injury;
(3) death; or
(4) disability for 60 days or more,

in order to receive damages for noneconomic detriment

For the purposes of this subdivision, disability means the inability to engage in substantially
all of the injured person's usual and customary daily activities.