Currently, if you have Limited Tort auto insurance coverage in Pennsylvania, you are not given the option to file a claim for non economic damages such as pain and suffering if you are involved in a vehicle accident. However, there are certain exceptions to this ruling and that is if the victim has severe impairment of bodily functions or has been severely disfigured as a result of the accident. Our law offices here in Pennsylvania know the exceptions and have argued tirelessly on behalf of our clients to get the justice they deserve.
What is classified as permanent and serious disfigurement?
Court cases conducted in Pennsylvania that handle serious permanent disfigurement concentrate on:
- How visible the scarring is after a healing period has taken place.
- If the scarring is likely to be permanent.
In the first instance, a length of time has to be allowed before an evaluation of the disfigurement takes place and it is decided that the scarring will remain there for the rest of the victim’s life. Put more simply if you receive scarring to your face due to the car accident, it may disappear after a period of time, so the situation is difficult to assess either at the time of the accident or even a short period afterwards. If the scar had, for example, completely disappeared after 2 years, then it would no longer be permanent, so disfigurement would not be an issue.
If scarring to the face can be seen after a 3 year period has elapsed and medical evidence reveals that it is categorized as severe disfigurement, then it will be treated as such when a claim for damages is filed. There are a number of cases that have been through Pennsylvanian courts that have used similar time frames and the disfigured victims have been able to claim compensation for the condition.
Legal Assistance After an Auto Accident
If you think that you have sustained any injury that has resulted in permanently disfiguring you, it is important that you discuss your situation with an auto accident lawyer, such as one of ours here in Pennsylvania, who has handled many injuries that have led to permanent and serious disfigurement. None of these situations for our clients is ever completely the same and accurate interpretation of rules is required before an evaluation can be made of each case. A Limited Tort lawyer in Pennsylvania offers a free consultation to determine your eligibility to file a compensation claim when insured for Limited Tort. We don’t recommend Limited Tort as an insurance option, because by signing away your rights to claim compensation for pain and suffering means that your lawyer has to find a way around your predicament so that the negligent driver pays for the terrible injuries you will have to live with for the rest of your life. Hire a Philly accident lawyer and you will be certain of the best outcome for your case