Northeastern PA's Oldest Personal Injury Firm

Tuesday, August 8, 2017

The "Serious Injury" Threshold's Effect In Accident Cases

Determining compensation for damages resulting from a car accident may be a long and complicated matter. It is wise to contact an attorney experienced in litigating personal injury lawsuits involving all types of motor vehicles and motorcycles. The attorneys, past and present, of Powell Law have represented victims in all types of accident cases for over a century. For 111 years, we have helped our clients receive compensation for their injuries.

The "Serious Injury" Threshold's Effect In Accident CasesIn Pennsylvania, recovering for losses incurred as a result of a car accident is based on a no-fault system, the significance of which is that an injured party’s own insurance company will cover medical expenses and lost income, regardless of who was at fault for the accident.

Automobile insurance coverage in Pennsylvania includes two choices, either full tort insurance or limited tort insurance. Full tort insurance allows the victim of a motor vehicle accident to sue for all damages, including pain and suffering, without regard to the severity of the injuries suffered and is available to individuals who were not at fault for the accident.

Since 1990, Pennsylvania drivers have had the option to purchase limited tort insurance coverage, which limits the rights of the named insured and other parties qualifying as insured parties under the policy. These parties may only sue for non-economic damages such as pain and suffering in cases that involve “serious injury.” However, these individuals retain the right to sue for economic losses such as medical bills and lost earnings.

A “serious injury” is defined as death, impairment of body function, or permanent serious disfigurement. Thus, even if a person suffers a disabling injury because of the accident, the injury may not be considered “serious” to permit the insured to pursue a claim for pain and suffering. This analysis may be complicated. An attorney experienced in litigating personal injury lawsuits involving all types of motor vehicle and motorcycle accidents may provide invaluable assistance in accurately making such an analysis.

If you or a loved one has suffered any type of injury resulting from a motor vehicle accident, contact Powell Law at (570) 961-0777. The consultation is FREE and you don’t pay anything unless we win. Our attorneys, past and present, have represented motor vehicle accident victims for 111 years. Call today!

 

 

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