How is a "serious impairment of bodily function" defined in Pennsylvania?
Only a small fraction of accidents meet this description and it is one of the most commonly litigated issues related to automobile accidents. Examples of a permanent injury or a serious impairment of bodily function would be: a broken bone that did not heal property, a herniated or bulging disc in your spine with permanent and persistent complaints of pain, or a cut that left a permanent scar.
Pennsylvania drivers have the option of choosing "limited tort" or "full tort" coverage. The effect of limited tort can preclude an injured person from receiving compensation from an auto accident that caused several months of temporary disability from work, so long as the person fully recovered or only had minor complaints afterwards. By selecting limited tort, the insured gives up thousands of dollars in potential benefits in exchange for a comparatively negligible reduction in premiums. Many courts are finding that an injury that is considered serious to the individual may not to be serious "enough" to receive compensation. An example of this might be a soft tissue injury such as a neck or back sprain. Because of this, it is important to select full tort on an auto insurance policy in the state of Pennsylvania. |