Legal Question in Personal Injury in Pennsylvania
auto accident claim w/ limited tort
i was recently in an auto accident in feb 2007. i was at a red light, when two cars in opposing traffic, one each way, ran their lights. lady makin left, was broadsided by truck that also ran light, she then slammed into my drivers side, then he hit me head on.
i have neck/back injuries, hands, arms legs numb/tingly. as a result of this injury, i just had spinal cord surgery to remove 4 discs, replace w/metal spacers n plate fixation over 5 vertabrae. according 2 my neuro-surgeon, i will always probably have numb/tingly in my left hand and always have neck/back pain. i have loss of wages, emotional distress, cant care 4 my 2 kids like i always did,everyday normal functions are now a chore & leaves me taking pain meds n muscle relaxers. i have an attorney, i was just surfing the web, curious to find out if i surpass my limited tort, i had just switched too, 3 weeks b4 my accident. my attorney has placed blame on both other insurance companies & they have paid all my medical bills so far, my car damage etc.
so my question is, since i cant seem to get an answer fast enough, do i surpass the limited tort law in pa?
also, how do i find out how they come up w/a dollar figure for pain/ suffering? who decides what my pain is worth??
2 Answers from Attorneys
Re: auto accident claim w/ limited tort
Ultimately, if there is no settlement, a judge or jury determines how much to award for pain and suffering unless the case settles. It is important to remember with limited tort that this only limits "non-economic" damages. Your lost earnings and, arguably, your lost earning capacity are not affected by the limited tort selection. But the other answer is definitely correct. Your own atttorney should be answering these questions for you.
Re: auto accident claim w/ limited tort
There is no book you can read to determine whether anybody's injuries are serious enough to exceed that limited tort threshold. That is a question only a jury can answer. You should ask your lawyer your questions--that's why he's going to earn a fee. If you're not comfortable talking to your attorney, maybe you hired the wrong attorney!
Richard Senker
www.autocrash.biz
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