To recover noneconomic damages under AICRA, an accident victim has to prove only an injury defined in N.J.S.A. 36:6A-8(a)'s limitation on lawsuit threshold, and does not have to clear the additional hurdle of proving the wholly new subjective "serious injury" standard developed by the Appellate Division in this matter; because both lower courts applied the wrong legal standard in deciding defendants' motions for summary judgment, the matter is remanded.
June 20, 2005 at 12:00 AM
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