HB 5109 Summary

• Removes the July 26, 1996 filing date limitation, making the threshold requirements for noneconomic loss damages applicable to all cases going forward.

• Changes determination of serious impairment of body function and permanent serious disfigurement from questions of law for the court to questions of fact for the jury in appropriate cases.

• Clarifies that serious impairment of body function requires: objective manifestation through observable symptoms, impairment of an important body function, and measurable effect on the injured person's general ability to lead their normal life.

• Adds new subsection (d) establishing that whether an injured person has sustained serious impairment of bodily function is fact-specific and must be determined case-by-case.

• Updates statutory language by replacing "shall" with "must" throughout the section to conform to modern legislative drafting standards.