Legal Question in Personal Injury in Pennsylvania

When is an injury considered severe under limited tort auto insurance law in PA

I was involved in a car accident. It was 100% the other driver's fault. This is not under dispute. I sustained injuries which have prevented me from working or living my life in the usual manner. My recovery has been slow. I have lost thousands of dollars in wages and am now faced with losing my job as my medical leave is running out. I was also the provider - through my emplotment- of medical insurance for my family. I had the "limited tort" option on my PA auto insurance policy. At what point does my injury/ loss become catastrophic and allow me to sue for damages, lost wages, or pain and suffering.


Asked on 8/29/99, 2:28 am

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: When is an injury considered severe under limited tort auto insurance law in

There's no hard-and-fast dividing line, but the threshold is certainly not "catastrophic." The language in the law is "serious and permanent." The courts are fairly liberal in recognizing that it is a factual question which must be decided by a jury if there's any reasonable basis to think the injury is serious enough.

Therefore, you should IMMEDIATELY consult one or more attorneys in your area to get advice. Many attorneys handle "limited tort" cases. Limited or not, if you wait more than two years from the accident, it may be too late because of the statute of limitations.

And for anyone else reading this in PA or any other state with a limited tort option, please change your policy to full tort BEFORE you have an accident.

Read more
Answered on 8/30/99, 3:14 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Pennsylvania