If you carry Pennsylvania limited tort auto insurance and are injured in an accident, you must be knowledgeable 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 Pennsylvania.
This is the secret kept from Pennsylvania limited tort victims by many insurance adjusters. They do not want you to know that if you meet the Pennsylvania Limited Tort Threshold, you can recover full tort damages.
How Will I Meet the Limited Tort Threshold in PA?
When an individual is negligent and causes an accident, those who receive catastrophic injuries may file a lawsuit against the negligent party. Unfortunately, the Pennsylvania statute regarding the limited tort threshold is quite vague.
You will meet the Pennsylvania limited tort threshold by proving that you are entitled to full tort damages under one of the six exceptions to limited tort law.
These exceptions include:
- You were riding a motorcycle at the time of your injury.
- Being a pedestrian at the time of your injury.
- Being injured while riding as a passenger on a bus, truck, taxi, or other commercial vehicle.
- A conviction for driving under the influence (DUI) by 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 caused a significant impairment of an important body function. Some of the injuries that qualify for a serious impairment of a bodily function include (Paralysis, Amputation, Traumatic brain injuries, Blindness, Loss of hearing, Broken bones, Concussions, Burns and scars, Herniated/Protruding discs). Although this is the most difficult exception to prove, our experienced attorneys have utilized it more than any other to demonstrate that our clients meet Pennsylvania's limited tort threshold.
Our limited tort attorneys in Pennsylvania are not afraid to fight the insurance company, and we will do everything possible to help you reach the limited tort threshold in Pennsylvania and receive the full amount of damages to which you may be entitled. It is crucial that accident victims contact an attorney at Brandon J. Broderick as soon as possible so that one of our experienced Pennsylvania car accident attorneys can assist them in proving their injuries and obtaining the needed compensation. Contact us today for a free consultation.
Proving a Severe Impairment of a Body Function in a PA Car Accident Lawsuit
To receive compensation for a physical function impairment, accident victims require more than just their own testimony. Accident claims are met with resistance by the courts and insurance companies of the negligent parties. Therefore, accident victims require solid evidence of their injuries.
This evidence typically takes the form of expert testimony from medical and rehabilitation professionals. These specialists are of great assistance in demonstrating specific areas of the case. A medical expert may testify, for instance, that an accident victim's suffering is severe enough to prevent them from engaging in typical daily activities. This is difficult to measure using medical reports, yet expert evidence is taken very seriously by the courts.
Obviously, medical records and diagnostic test results are also essential pieces of evidence for showing a bodily function impairment. By contacting their network of expert witnesses and physician's offices, an attorney can easily collect this evidence.
Were you in a Car Accident in PA? Let Brandon J. Broderick Assist you in Recovering Compensation Today
Call our Pennsylvania auto accident attorneys at Brandon J. Broderick if you have suffered serious injuries as a result of an auto accident. We are dedicated to assisting accident victims in claiming their proper compensation, and we want to assist you as well. Call us now for a free consultation, or contact us online so that we can begin reviewing your case.