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:
- Your accident was caused by a driver who was charged with DUI.
- Your accident was caused by the operator of a motor vehicle that is registered in a different state then PA.
- 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:
- a passenger in any type of commercial vehicle (bus/train, municipal transportation, taxi, tractor trailer)
- a pedestrian
- operating a motorcycle
- 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?
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!