Limited Tort Lawsuits

Limited Tort Exceptions

Tuesday, February 9th, 2010

Limited Tort Exceptions: When can PA Accident Victims Recover Pain and Suffering Damages

PA accident victim lawyer Jon Ostroff is one of the rare “20/20″ lawyers in America. Over the past 20 years, Jon has helped over 20,000 PA Accident victims. From the time limited tort became law in PA, Jon has been helping his clients figure out how to get around it so he could get them money damages for their pain and suffering.

The Exceptions to Limited Tort (that the insurance company doesn’t want you to know about):

Big insurance companies were thrilled when PA allowed them to sell their customers bad insurance! Limited Tort has saved the insurance companies from paying PA accident victims millions of dollars. PA accident lawyer, Jon Ostroff believes that a lot of these profits shouldn’t be in the pocket of the insurance company. These profits came right out of the pockets of injured PA accident victims who didn’t realize that they were actually entitled to a recovery. With his famed “20/20″ experience, Jon knows which cases should put substantial pain and suffering money damages into the pocket of his client.

Limited Tort Pa Accident

Victims are ALWAYS entitled to recover for pain and suffering when one of these automatic Limited Tort Exceptions applies:

  1. Your accident was caused by a driver who was charged with DUI.
  2. Your accident was caused by the operator of a motor vehicle that is registered in a different state then PA.
  3. Your accident occurred when you were not operating a privately owned car:

This exception means that you are entitled to recover for your pain and suffering if the other driver was a fault and injured you while you were:

  1. a passenger in any type of commercial vehicle (bus/train, municipal transportation, taxi, tractor trailer)
  2. a pedestrian
  3. operating a motorcycle
  4. operating a bicycle

The Fourth and Most Complicated Exception to Limited Tort: The Serious Injury Exception.

The “Serious Injury Exception” can also be used by a PA auto accident victim to overcome Limited Tort. This is an unusual exception to Limited Tort because this is the only exception that is not known almost immediately after an accident occurs. It’s easy to know whether the at-fault vehicle is from outside of PA. It’s easy to know whether the other driver is arrested for DUI. It’s easy to know whether the commercial vehicle/bike/pedestrian exception applies. But it can often take several months or more to determine whether the “Serious Injury Exception” applies to a PA Auto Accident Victim.

To prove that an injury is serious enough to obtain pain and suffering money damages in a PA auto accident, you must be able to show that a specific injury resulted in a “serious impairment to a significant bodily function.”

A PA accident victim’s doctor and lawyer are the best resources for proving the seriousness of an injury.

Here are some of the critical factors that a PA Limited Tort accident victim must rely upon to prove that their injury is serious enough to be entitled to pain and suffering money damages.

1. Were any injuries to any significant bodily parts diagnosed.

  • Did an x-ray show a fracture?
  • Did an MRI, CT Scan or Surgery reveal:
    • a herniated or bulging spinal disc?
    • a traumatic brain injury?
    • tendon, ligament, tissue or cartilage damage?
    • other significant traumatic injuries?
  • Did you sustain any prominent scarring?

2. Did your accident-related injuries require surgery?

3. How much medical treatment have you required and how long has it lasted?

4. Did your accident-related injuries cause you to lose time from your job and if so, how much?

5. Do you have any permanent injuries that were not able to be resolved?

Recovering with Limited Tort.

Of course, there is legal expertise required to prove the seriousness of an injury in order to recover with Limited Tort. “20/20″ Attorney Jon Ostroff knows exactly how to prove that an injury was serious. After reviewing more than 20,000 cases in 20 years, Jon knows the best way to support his client’s claim to a recovery for a serious injury even though they are bound by Limited Tort.

Ever since Limited Tort became part of the law in Pennsylvania, Jon Ostroff has been recovering money and benefits for PA accident victims who chose Limited Tort!

Ostroff Injury Law will recover the full amount of insurance benefits and insurance coverages that you are entitled to. Contact us today at 1-888-930-8484 or via our online contact form for a free case evaluation. Let us help you get the insurance money that you deserve!

When does Limited Tort apply to me?

Monday, February 8th, 2010

PA Accident victims who are bound by Limited Tort can always turn to lawyer Jon Ostroff, an elite and rare “20/20″ accident lawyer. Over the past 20 years, Jon has represented, settled or reviewed an accident claim for over 20,000 PA accident victims. From the time Limited Tort became law in PA, Jon has been helping his clients figure out how to get around Limited Tort in order to recover money damages for the pain and suffering of PA accident victims

Limited Tort Applies to you if:

1. You selected the limited tort option on your auto insurance policy, then you are bound by the potential limitations of Limited Tort.

If you are the only owner of an automobile in your household, or if every other related resident in your house who owns a motor vehicle also selected the limited tort option, then all of the relatives residing in your household are also bound by limited tort.

2.   You do not own a motor vehicle, but you reside in a household where all of your relatives residing there selected limited tort, then you are bound by the potential limitations of Limited Tort.

3.   You own a vehicle that is currently registered in PA, but uninsured, you are bound by the potential limitations of Limited Tort.

Limited Tort does NOT Apply to you if:

1.   You do not reside with any relative who owns an automobile that is insured with a limited tort insurance policy.

2.   Your insurance agent did not have you execute the correct paperwork (called sign down sheets) at the time you selected limited tort insurance coverage.

3.   You are in an accident and one of four exceptions apply. For a detailed explanation of these exceptions, click here.

“20/20″ attorney Jon Ostroff

Rely on the experience of “20/20″ attorney Jon Ostroff and Ostroff Injury Law to help you determine whether there is a way around the limited tort option. Ostroff injury Law will recover the full amount of  insurance benefits and insurance coverages that you are entitled to.  Contact us today at 1-888-930-8484 or via our online contact form for a free case evaluation.  Let us help you get the insurance money that you deserve.

Limited Tort Lawsuits

Thursday, January 7th, 2010

PA Personal Injury Victims With Limited Tort can always Recover Certain Damages

Yes You Can! You CAN Always Recover Some Insurance Benefits and Coverages Even if you Chose Limited Tort.

If you were injured in a PA auto accident and you are bound by the limited tort insurance option, there are some benefits you are still entitled to in all cases. You can recover for your damages related to pain and suffering in some cases as we

PA Accident Victims with Limited Tort can always recover these benefits, regardless of who caused your accident:

  • PA car owners are required to carry at least $5,000 in medical coverage on their insurance policy and many vehicle owners carry far more. You, your family, and other uninsured occupants of your motor vehicle will rely on your medical benefits to pay for your accident related injuries.
  • If you chose wage loss coverage on your insurance policy, your insurance company must pay you this benefit if your doctor disabled you from work due to injuries you sustained in your accident.
  • If you selected optional collision coverage, pursuant to the terms of your insurance policy with regard to deductibles and capped amounts, your company will be responsible for paying to repair the physical damage to your vehicle, or to replace your vehicle, if the cost of repairing the physical vehicle damage exceeds 85% of the value of an automobile.

If another party caused your accident, PA Accident Victims with Limited Tort can always recover the insurance coverage listed below from the other driver’s insurance company.

  • The insurance company for the driver who caused your PA Auto Accident must always pay the accident related medical bills and costs that are over and above the amount of insurance provided by your own company.
  • If your doctor disabled you from work due to injuries you sustained in your accident, the insurance company for the driver who caused your PA Auto Accident must always reimburse you for the wage loss you sustained and which exceeded the amount not covered by your insurance policy.
  • The at-fault driver’s insurance company is always responsible for repairing or replacing the physical damage sustained by your car. You will not be required to pay a deductible when the at-fault driver’s insurance pays for your property damage.
  • Also, while you are waiting for your car to be repaired or replaced, the at-fault driver’s insurance company must pay for you to rent a car that was comparable to the one damaged in the accident.

Ask personal injury lawyer Jon Ostroff.

Ever since Limited Tort became part of the law in Pennsylvania, personal injury lawyer Jon Ostroff has been recovering money and benefits for PA accident victims who chose Limited Tort! As a rare “20/20” attorney, after 20,000 cases and 20 years of experience focusing on these cases only, you can be sure that if anyone can help you get around limited tort, it’s Jon Ostroff!

Ostroff Injury Law will recover the full amount of insurance benefits and insurance coverages that you are entitled to. Contact us today at 1-888-930-8484 or via our online contact form for a free case evaluation.  Let us help you get the insurance money that you deserve!

Auto Accident Victims' Guide

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