In this article, injury lawyers in Pennsylvania explains that not absolutely all victims of motor-vehicle accidents always have a legitimate claim. Philadelphia’s ‘limit’ requirements for these kinds of cases imply that only ‘severe injury’ claims could be attacked. This article describes how the law describes ‘severe injuries’ due to car accidents injuries.
When you yourself have been injured in a PA auto accident, Philadelphia’s No-Fault Law mandates that your accident-related medical expenses, including lost earnings and incidental expenses, up to $50,000.00 are settled. These are called your financial damages, but who pays the bills if they exceed $50,000.00? Who is going to support you and your family if you are never able to work again as a result of your injuries? Additionally, who pays for your non-economic damages? For example, who’s going to compensate you for your discomfort and disability and suffering experienced since the accident?
Philadelphia’s Insurance Law requires that you experience a ‘serious injury’ before filing a lawsuit associated with an automobile crash to recover these extra damages. If you don’t suffer a ‘serious injury,’ aside from how much pain and enduring you experience, you cannot bring a personal injury suit to recover for your non-economic damages.
So, how do you know whether or not you have experienced a ‘serious injury’? To put it simply, Philadelphia has especially described the term, and your injury must fall within its definition. While this may seem unfair, it is nonetheless true. It’s crucial to understand what constitutes a ‘severe injury.’ In New York, a ‘serious injury’ means a personal injury which results in one of the following:
1. Death;
2. Dismemberment;
3. Substantial disfigurement;
4. A fracture;
5. Loss of a fetus;
6. Permanent loss of use of a human anatomy organ, member, function or system;
7. Permanent resulting limitation of use of a human body organ or member;
8. Substantial restriction of use of a human body function or system; or
9. A scientifically established injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary activities for not less than ninety days during the one-hundred eighty days immediately following the occurrence of the injury or impairment.
More information is found here.
When you is able to see from the list above, some of the ‘serious injuries]’ known are obscure. For example, what’s deemed ‘significant disfigurement’? Is a scar sufficient? How about a scar that’s not readily apparent or hidden beneath clothing? Are all burns ‘significant disfigurement’? To visit another class, above, should you split the cartilage in your nose, is the fact that a ‘fracture’ under the definition of ‘serious injury’? Does a fracture include a chipped enamel or chipped teeth? Because of this language, it is possible to see why this whole area of law is a heavily litigated area. There are literally tens and thousands of Philadelphia legitimate views addressing these problems. When injured in an auto accident, after obtaining the medical treatment you require, you would do well to consult with an vehicle accident injury attorney experienced in handling these kind of claims. An experienced and skilled attorney often means the distinction between being limited to ‘No-fault’ benefits and having a court observe that you’ve sustained a ‘significant injury’ warranting a test.