Personal Injury

Limited Tort

A “tort” is a legal term that encompasses various intentional or accidental civil wrongs against a person or property for which the injured person may sue the wrongdoer for damages. For example, if someone carelessly strikes you with his/her car, the tort of “negligence” has been committed. Negligence is an unintentional tort.

There are also a variety of intentional torts (assault, battery, false imprisonment, invasion of privacy, defamation, intentional infliction of emotional distress) for which recovery may be sought.

In Pennsylvania, employers can be held vicariously liable (legally responsible) for the acts of their employees committed within the course of their employment.

The term “tort” is often heard by individuals involved in car accidents. The first question a lawyer may ask is, “Did you have elect full tort or limited tort under your automobile insurance policy?”

What Does “Limited Tort” Mean?

A “tort” is a legal term referring to a civil wrong — such as negligence — for which an injured person may seek damages. When purchasing auto insurance in Pennsylvania, drivers must choose between full tort and limited tort coverage. When purchasing auto insurance in New Jersey, drivers must choose between lawsuit threshold (limited tort) and no lawsuit threshold (full tort).

  • Full tort preserves the unrestricted right to sue for pain and suffering.
  • Limited tort lowers your insurance premium but restricts recovery for non-economic damages (i.e. pain and suffering) unless an exception applies.

Can I Sue if I Have Limited Tort in PA?

Yes — you can still sue if you have limited tort coverage, but there are important limitations.

Under Pennsylvania law, drivers who elect limited tort generally give up the right to recover compensation for pain and suffering unless they meet certain exceptions. However, you can still pursue claims for economic damages, including:

  • Medical expenses
  • Lost wages
  • Property damage
  • Out-of-pocket costs

What are the Exceptions to Limited Tort in PA?

There are a few legal exceptions that allow you to sue for pain and suffering, including:

  • Serious injury — defined as death, serious impairment of body function, or permanent serious disfigurement
  • The at-fault driver was driving under the influence of drugs or alcohol
  • The at-fault driver was operating a vehicle registered out of state
  • You were a pedestrian or bicyclist
  • You were an occupant of a commercial vehicle
  • The at-fault driver was uninsured
  • The accident was intentional

Can I Sue if I Have the Lawsuit Threshold in New Jersey?

Yes — you can still sue if you elect the lawsuit threshold (also known as the limitation on lawsuit option) under your New Jersey auto insurance policy, but your ability to recover damages for pain and suffering is limited unless you meet certain legal criteria.

If you elected the lawsuit threshold, you can still recover economic damages, including:

  • Medical expenses
  • Lost wages
  • Out-of-pocket costs
  • Property damage

When Can a Person With the Lawsuit Threshold Sue for Non-Economic Damages (Pain and Suffering)?

Under N.J.S.A. 39:6A-8, a person who elected the lawsuit threshold may recover non-economic damages if they sustain one of the following qualifying injuries:

  • Death
  • Dismemberment
  • Significant disfigurement or significant scarring
  • Displaced fractures
  • Loss of a fetus
  • Permanent injury (meaning the body part or organ has not healed to function normally and will not heal to function normally with further treatment). Medical certification from a physician is typically required to establish permanency.

The threshold may also not apply to intentional conduct, a pedestrian or bicyclist who is not covered by auto insurance, motorcycle operators, passengers in public transportation vehicles, passengers in commercial vehicles or persons struck by commercial vehicles, and out of state drivers insured by out of state policies.

Why Choose Our Firm?

Experience, dedication, and results that speak for themselves

In PA, you can elect either full tort or limited tort coverage under you automobile insurance policy. Failure to make a selection results in full tort coverage. Limited tort is less expense and since many individuals purchasing automobile insurance aren’t aware of differences, they tend to elect the cheaper option. In general, limited tort prevents you from being able to sue for non-economic damages, such as pain and suffering. You are limited to recovering economic damages only. Full tort allows you to sue for pain and suffering.

Get Your Free Consultation Today

Our firm offers a free consultation where we will evaluate your case and answer all of your questions. If you are unable to visit our office, we will even visit you in the hospital or come to your home.

Important: Statute of Limitations

There are several exceptions to the application of the “limited tort” status; however this area of the law is confusing and constantly evolving. Our office has a great deal of experience dealing with both full tort and limited tort matters. Regardless of your tort election, if you or your family member has been involved in an automobile accident, contact us today for your free consultation.

Disclaimer

The information contained herein is dedicated to providing public information regarding Family Law issues in Pennsylvania. None of the information on this site is intended to be formal legal advice, nor the formation of an attorney-client relationship. Please contact our law firm for information regarding your particular case. This website is not intended to solicit clients outside the Commonwealth of Pennsylvania.