Following an accident, one of the most prominent questions on victims’ minds is whether or not they are injured enough to pursue a personal injury claim. There is no hard and fast rule and it will vary state to state—for example, if you are in a car accident in Pennsylvania, you are subject to limited tort, you have to prove your injuries are long-lasting or permanent in order to obtain compensation. Your best option is to speak with a knowledgeable attorney about the specifics of your claim.
Limited Ability to Seek Damages?
One consideration that is needed in order to know if you can make a claim or not is whether or not your auto insurance has a limitation on lawsuit (sometimes referred to as limited tort, verbal threshold, or limitation on lawsuit). What this provision on your insurance policy will do is dictate what requirements you need to meet in order to file an injury claim. Generally, if you do have this limitation, you will need to demonstrate some sort of permanency—that a medical professional will attest to—with regard to your injuries. If you do not have the limitation you can seek compensation for any injuries, even if they are not permanent.
Most people will find that they do have some sort of limitation in place on their policy for two reasons. One is that they did not specify either way so the default option is to have the limitation in place. Secondly, there is generally a slight increase in the premium you pay if you choose not to be bound to this limitation, so many opt for a few dollars in savings a month. In the long run, it is much more beneficial to pay the extra money on your premium rather than make it difficult for you to pursue your right to compensation if you are injured in an accident.
Injuries That Generally Constitute a Claim
As previously mentioned, the ability to file a successful claim will change for each person. There will be many factors involved in your case that will dictate whether or not it can be brought. Generally, there are certain injuries that will most likely require vast amounts of treatment and that you may never fully recover from.
Our lawyers have found that these injuries generally overcome the limitation on lawsuit:
- Amputations
- Spinal cord injuries
- Brain injuries
- Severe bone breaks
- Carpal tunnel syndrome
- Severe ligament damage
- Nerve damage
- Serious disc herniations
- Significant disfigurement
Again, the severity will vary from person to person and the decision as to whether or not it is possible to pursue a claim is a decision you should come to with the assistance of a skilled attorney. Contact a lawyer in Philadelphia or near you today to learn of your legal rights and options following an accident.
Links:
car accident in Pennsylvania: myinjuryattorney.com/
lawyer in Philadelphia: consoleandhollawell.com/pages/philadelphia-car-accident-lawyers/
Guest Post
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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