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September 26th, 2016

I have limited tort and hurt my back in a car accident in Pennsylvania. Will I be able to get financial compensation?

The question of whether limited tort affects financial compensation for auto accident injuries depends on whether the accident was caused by another party. If you are at fault for causing an auto accident and sustain physical injuries, your financial compensation is going to be limited to your PIP coverage, known as personal injury protection. It covers financial losses like medical bills, lost wages, etc.

If on the other hand, another driver is at fault and you have limited tort, you can only recover for financial losses like medical bills, lost wages and out of pocket expenses. However, there are some exceptions. One of the most commonly applied exceptions is the serious injury exception. If the injuries constitute a “serious impairment of body function,” you may be able to recover for pain and suffering.

Pennsylvania Limited Tort Law & Spine Injuries

Limited tort law issues depend on the facts, especially when dealing with back or neck injuries. The medical treatment becomes critically important. Many factors will be considered, such as the duration of medical treatment and the extent of the treatment itself. In addition, there must be evidence of impairment of a body function. With respect to back or neck injuries, it’s important to show how the injuries affected the individual’s ability to live their lives. The presence of any of the following often weigh in favor of a serious injury:

  • decreased range of motion,
  • permanency, and
  • nerve pain.

Decreased Range of Motion of the Neck – Serious Injury

A Pennsylvania woman suffers a neck injury in a car accident. After receiving extensive treatment and reaching a plateau (maximum medical improvement), she cannot turn her head to the right more than 5 degrees.

Permanent Injuries or Pain – Serious Injury

In 99% of permanent injury cases, the injury will be deemed serious enough under Pennsylvania limited tort law. For instance, a back injury is so severe that it requires a vertebral fusion, one of the most invasive spinal surgeries where two or more spinal vertebrae are fused together. This would be considered a permanent injury.

Nerve Pain – Serious Injury

A Pennsylvania man suffers a low back injury in a truck accident. The injury causes sciatica which is so severe that it affects his ability to perform his work duties.

Get more info about spine injuries and limited tort law in Pennsylvania.

Pennsylvania Limited Tort Law Practice

Our limited tort auto injury lawyers have represented many residents of Pennsylvania who had limited tort and were injured in auto accidents. Our goal is to obtain maximum financial compensation. Call us for a free consultation. (866) 641-0806

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.