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Philadelphia Personal Injury Lawyer Explains Limited Tort vs Full Tort

Philadelphia Accidents and Personal Injury Lawyer explains full tort vs limited tort

Every state has specific laws and regulations concerning personal injury claims which a personal injury lawyer must be familiar with. But here in Pennsylvania, this can be particularly tricky. Pennsylvania has a set of laws covering personal injury and automotive insurance that are unlike any other in the country: “full tort” vs. “limited tort” insurance.

If you have been injured in an automobile accident in Pennsylvania, understanding these regulations is vital – and a Philadelphia personal injury lawyer can help. Here is what you need to know.

How Pennsylvania Limited Tort & Full Tort Insurance Regulations Affect You

In Pennsylvania, the type of automotive insurance you carry affects your ability to bring a lawsuit if you are in an accident that is not your fault. “Limited tort” insurance is less expensive, but you can only sue for direct damages and medical bills. In most cases, you cannot sue for pain and suffering. Those with “full tort” insurance can sue for pain and suffering.
However, some exceptions to those rules do exist! In six situations, you can have full tort privileges, including suing for pain and suffering, even if you only carry limited tort insurance.

Those are:

  1. You were riding a motorcycle when the accident occurred.
  2. You were a pedestrian.
  3. You were a passenger onboard a commercial vehicle, such as a bus or taxi.
  4. The at-fault driver is convicted of a DUI in connection to the accident.
  5. The at-fault driver was operating a vehicle registered in another state.
  6. You suffered injuries which left you with a serious physical impairment to one or more important bodily systems.

The first five are relatively straightforward, but having an experienced Philadelphia personal injury lawyer can potentially help you recover pain and suffering damages, even if you only carry limited tort insurance. “Serious impairment” is not strictly defined within the law, and open to being argued in front of the judge or jury. In fact, based on our experience, the most common way for a “limited tort” claimant to receive “full tort” privileges is by demonstrating serious impairment.

When You Have Been Injured in An Accident Which Was Not Your Fault, Act Fast

Time is of the essence when bringing a personal injury case to court, particularly if you carry limited tort insurance. Once any immediate medical problems have been taken care of, you should contact a Philadelphia personal injury lawyer ASAP for further guidance. We can help you collect the evidence you need to demonstrate your case and advise you on what your rights are within the context of your physical injuries.

Call Alfred Abel Law Offices for a Skilled Personal Injury Lawyer

Contact Alfred Abel Law Offices today to set up consultation with a personal injury lawyer if you have been injured in Pennsylvania.

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