40-3117.Tort actions; conditions precedent to recovery of damages forpain and suffering.In any action for tort brought against the owner, operator or occupantof a motor vehicle or against any person legally responsible for the actsor omissions of such owner, operator or occupant, a plaintiff may recoverdamages in tort for pain, suffering, mental anguish, inconvenience andother non-pecuniary loss because of injury only in the event the injuryrequires medical treatment of a kind described in this act as medicalbenefits, having a reasonable value of $2,000 or more,or the injury consists in whole or in part of permanent disfigurement, afracture to a weightbearing bone, a compound, comminuted, displaced orcompressed fracture, loss of a body member,permanent injury withinreasonable medical probability, permanent loss of a bodily function ordeath. Any person who is entitled to receive free medical and surgicalbenefits shall be deemed in compliance with the requirements of thissection upon a showing that the medical treatment received has anequivalent value of at least $2,000. Any personreceiving ordinary and necessary services, normally performed by a nurse,from a relative or a member of such person's household shall beentitled to includethe reasonable value of such services in meeting the requirements of thissection. For the purpose of this section, the charges actually made formedical treatment expenses shall not be conclusive as to their reasonablevalue. Evidence that the reasonable value thereof was an amount differentfrom the amount actually charged shall be admissible in all actions towhich this subsection applies.
40-3117.Tort actions; conditions precedent to recovery of damages forpain and suffering.In any action for tort brought against the owner, operator or occupantof a motor vehicle or against any person legally responsible for the actsor omissions of such owner, operator or occupant, a plaintiff may recoverdamages in tort for pain, suffering, mental anguish, inconvenience andother non-pecuniary loss because of injury only in the event the injuryrequires medical treatment of a kind described in this act as medicalbenefits, having a reasonable value of $2,000 or more,or the injury consists in whole or in part of permanent disfigurement, afracture to a weightbearing bone, a compound, comminuted, displaced orcompressed fracture, loss of a body member,permanent injury withinreasonable medical probability, permanent loss of a bodily function ordeath. Any person who is entitled to receive free medical and surgicalbenefits shall be deemed in compliance with the requirements of thissection upon a showing that the medical treatment received has anequivalent value of at least $2,000. Any personreceiving ordinary and necessary services, normally performed by a nurse,from a relative or a member of such person's household shall beentitled to includethe reasonable value of such services in meeting the requirements of thissection. For the purpose of this section, the charges actually made formedical treatment expenses shall not be conclusive as to their reasonablevalue. Evidence that the reasonable value thereof was an amount differentfrom the amount actually charged shall be admissible in all actions towhich this subsection applies.
40-3117.Tort actions; conditions precedent to recovery of damages forpain and suffering.In any action for tort brought against the owner, operator or occupantof a motor vehicle or against any person legally responsible for the actsor omissions of such owner, operator or occupant, a plaintiff may recoverdamages in tort for pain, suffering, mental anguish, inconvenience andother non-pecuniary loss because of injury only in the event the injuryrequires medical treatment of a kind described in this act as medicalbenefits, having a reasonable value of $2,000 or more,or the injury consists in whole or in part of permanent disfigurement, afracture to a weightbearing bone, a compound, comminuted, displaced orcompressed fracture, loss of a body member,permanent injury withinreasonable medical probability, permanent loss of a bodily function ordeath. Any person who is entitled to receive free medical and surgicalbenefits shall be deemed in compliance with the requirements of thissection upon a showing that the medical treatment received has anequivalent value of at least $2,000. Any personreceiving ordinary and necessary services, normally performed by a nurse,from a relative or a member of such person's household shall beentitled to includethe reasonable value of such services in meeting the requirements of thissection. For the purpose of this section, the charges actually made formedical treatment expenses shall not be conclusive as to their reasonablevalue. Evidence that the reasonable value thereof was an amount differentfrom the amount actually charged shall be admissible in all actions towhich this subsection applies.
