If you selected limited tort auto insurance and later have an accident, you may be prevented from recovering “non-economic” damages such as pain and suffering. However, one of the exceptions to this limitation is if you suffer what is considered a “serious injury.”
As defined by the Pennsylvania Motor Vehicle Financial Responsibility Act, a serious injury is one which results in death, serious impairment of a body function or permanent serious disfigurement.
What injuries qualify as a serious injury is not always clear. However, some of the factors that a court will look at include:
- Doctor stating the injury is permanent/chronic
- Whether surgery was necessary
- Limited range of motion
- Noticeable scarring
- Length of treatment
- Inability to engage in regular daily activities, including difficulty sleeping and working
- Whether the injury requires the use of prescription medication or medical implements
If you have limited tort insurance and were in a car accident, you may still be able to recover for your pain and suffering. Contact an experienced personal injury lawyer at Stark & Stark to discuss whether the “serious injury” exception, or another exception, may apply to you case and allow you to recover for all of your injuries.
