What Qualifies as a Serious Injury?

By on October 17th, 2012

Posted in Pennsylvania Law Monitor

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.

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