According to 75 PA CSA §1702, which defines terms pertaining to motor vehicle accident liability, a serious injury is one that results in the victim's death, serious impairment of bodily function, or permanent serious disfigurement. While this definition remains ambiguous, subsequent legislation has, to some extent, clarified the definition and how it is determined.

If you have Pennsylvania limited tort auto insurance and are injured in an accident, you must be aware of your legal rights and potential recovery options. In general, you can recover for economic damages, such as medical bills, but not for pain and suffering unless you meet the limited tort threshold in PA.

This is the secret kept from Pennsylvania limited tort victims by many insurance adjusters. If You Meet the Pennsylvania Limited Tort Threshold, You Can Recover Full Tort Damages.

Pennsylvania's laws pertaining to auto accident claims can be confusing, and insurance companies frequently deny victims' claims. The attorneys at Brandon J. Broderick can assist you by determining how your auto insurance policy and Pennsylvania's laws apply to your case, gathering evidence to prove the at-fault driver's liability, and assisting you in pursuing the compensation that you deserve.

Pursuing Damages for Pain and Suffering in Pennsylvania

What constitutes a serious injury in a car accident is significant in Pennsylvania personal injury cases because victims with limited tort insurance must sustain a serious injury in order to pursue pain and suffering damages in car accident cases.

In Pennsylvania, drivers are required to carry personal injury protection (PIP) policies, which provide coverage for their own injuries in the event of an accident, regardless of who is at fault. However, it is also a hybrid state with two types of no-fault policies for drivers.

• Full Tort: This type of coverage allows victims who were not responsible for the accident to seek compensation for all types of damages, including medical expenses, property damage, lost wages, and pain and suffering.
  
  
• Limited Tort: While full tort allows victims to pursue all damages, limited tort eliminates the ability to sue for pain and suffering unless the victim's condition is deemed serious.

A lawyer can assist you in gathering the evidence necessary to prove that you sustained a serious injury due to another driver's negligence.

How Will I Meet the Limited Tort Threshold in PA?

You will meet the Pennsylvania limited tort threshold by demonstrating that you are entitled to full tort damages under one of the six exceptions to limited tort law.

These exceptions consist of:

• You were riding a motorcycle when you were injured
  
  
• Being a pedestrian when you were injured
  
  
• Being injured while riding as a passenger on a bus, truck, taxi, or other commercial vehicle
  
  
• A drunk driving (DUI) conviction of the driver who caused your accident
  
  
• The accident was caused by a driver whose vehicle was registered in a state other than Pennsylvania
  
  
• Your injuries have resulted in a significant impairment of an important bodily function (a serious injury)

Examples of Injuries That Under Pennsylvania Law May Be Considered Serious

In addition to injuries that result in death, Pennsylvania law classifies as serious two other types of conditions: those that severely impair bodily function and those that permanently disfigure the body.

Serious Impairment of Physical Function

The U.S. Department of Transportation defines a serious injury based on the Model Minimum Uniform Crash Criteria (MMUCC) guideline definition of "suspected serious injury." According to the Federal Highway Administration (FHWA), the following injuries qualify as serious injuries:

• Severe lacerations that result in exposed muscle, tissue, or bone
  
  
• Broken arms or legs
  
  
• Traumatic injuries caused by being crushed
  
  
• Injuries to the head, chest, or abdomen that go beyond minor cuts and bruises
  
  
• Second or third degree burns that cover at least 10 percent of the body
  
  
• Unconsciousness at the accident scene
  
  
• Paralysis
  
  

While federal law requires that these injuries be included in every state's definition of a serious injury, states have the discretion to include other conditions that they deem to be serious injuries in a car accident claim.

Examples of Serious Permanent Disfigurement

A catastrophic injury, as defined by Title 42 §3796b of the United States Code, is one that prevents a victim from engaging in gainful employment in the future. Catastrophic injuries frequently result in permanent serious disfigurement. It occurs when an injury leaves the victim's body permanently and visibly damaged, even after recovery.

Examples of serious permanent disfigurement include:

• Amputation
  
  
• Extensive scarring
  
  
• Disfigurements
  
  

One of our attorneys at  Brandon J. Broderick, can assist you in determining whether your auto accident injury qualifies as serious and in pursuing financial compensation for your damages.

Brandon J. Broderick is Available to Help With Your Pennsylvania Car Accident Claim

Pennsylvania's no-fault insurance laws frequently cause confusion. Frequently, those injured in a car accident are unaware of the compensation to which they are entitled. Working with a lawyer who has extensive experience in car accidents can have a substantial positive impact on the outcome of your case. If you have been involved in a car accident, you can count on us to provide the superior legal representation you require to win your case. Because of this, we are regarded as one of the top law firms in Pennsylvania for auto accidents.

You can be confident that we will employ every available resource to secure a positive outcome for you. Our firm has extensive experience representing clients injured in auto accidents, having helped thousands of clients in your position.

Please contact us as soon as possible so that we can discuss your legal options. You are under no obligation to use our services. We provide no-cost consultations.