Limited Tort Insurance and the Permanent Serious Disfigurement Exception
Automobiles are essential for navigating daily life for most Americans. People complete 87% of their daily trips in their vehicles and 91% of commuters drive their own car to work, according to the Bureau of Transportation Statistics. As long as things are running smoothly, these statistics sound like overwhelmingly positive signs of independence and mobility.
As Americans become more and more dependent on automobile travel, however, they also open themselves to the tangible risks that are involved. Right here in Pennsylvania, the state’s Department of Transportation recently reported that more than 129,000 crashes occurred in 2016. No one likes to think about the possibility of an auto accident, especially one that involves serious injuries, but the reality is that accidents happen even to the very best of drivers because operators of motor vehicles, at the end of the day, are human beings who sometimes make mistakes.
Pennsylvania law requires that insurance companies offer individuals two different options for automobile insurance: full tort and limited tort. The limited tort route allows policyholders to save money on premiums, but it also limits people’s options when they are involved in serious accidents. A limited tort policy removes the option to pursue damages for additional pain and suffering unless the situation meets a narrow list of exceptions.
One of these particular limitations is called permanent serious disfigurement; severe scars that show no sign of fading can have a significant impact on accident victim’s quality of life and may necessitate additional compensation. Even a limited tort policyholder can pursue damages for pain and suffering if he or she suffers permanent serious disfigurement. If you or a loved one are currently suffering from what you suspect is an instance of permanent serious disfigurement, please contact the office of Joel Kofsky for the best accident attorney in PA.
Permanent Serious Disfigurement means You Need the Best PA Limited Tort Lawyer
Injuries that involve permanent disfigurement can occur in nearly any auto accident. The human body, of course, was not designed to withstand collisions occurring at the high speeds at which automobiles enable people to travel. Even the most frequent instances in which serious disfigurement results, means you should seek a premier PA tort attorney. Do not hesitate to contact us if your injuries are different from those described below. We have a staff full of professional PA accident lawyers that can help you.
Head-to-head collisions are notorious for causing permanent serious disfigurement in their victims. In many cases, these accidents involve shattered windshields that lead to shards of glass embedding themselves in the skin of victims. The burns and scars heal for some people, but for others, they remain as a permanent reminder of the traumatic incident.
Side impact crashes can also result in permanent serious disfigurement for victims. These injuries are increasingly likely when one car strikes the door of the other driver or a passenger door with an individual seated just beyond it. Shrapnel from both vehicles travels at high speeds over a very short distance in these cases, so the extreme force that results can cause irrevocable damage to a person’s body.
If you were the victim in one of these serious crashes and you are still dealing with substantial scarring from the incident, you have the right to seek additional damages. Please enlist Joel Kofsky’s legal assistance as soon as possible. Attorney Kofsky has devoted his legal career to defending the rights of victims like you. You deserve to have the best accident attorney in PA fighting for you, particularly in cases like these where the burden of proof is very high for the victim.
Permanent Serious Disfigurement: Legal Considerations in PA
The laws that federal and PA legislators have passed over the years to deal appropriately with the complexities that surround auto accidents are meant to protect Pennsylvanians when they become victims of unfortunate crashes. However, these laws are also notoriously difficult to track and open to many potential interpretations. If you think you may be suffering from permanent serious disfigurement, a basic understanding of legal terminology and precedent will help you navigate your case. Please do not hesitate to direct any additional questions to the law offices of Joel Kofsky, the premier accident attorney in Philadelphia.
Under current Pennsylvania law, permanent serious disfigurement is one of the three qualifying conditions for the legal classification “serious injury”—the others are death and serious impairment of body function—and therefore comes with distinctive legal ramifications. In this case, as the victim, the laws should work decisively in your favor if you know your legal rights.
For example, PA law allows individuals to choose a “limited tort” option when selecting auto insurance. This option involves cheaper premiums, but it also limits the damages that a policy holder can seek when an accident occurs. Limited tort insurance still allows individuals to pursue damages to cover the costs of medical bills and auto repairs, but it forfeits a person’s ability to fight for additional compensation for pain and suffering, except in the case of serious injury.
In other words, permanent serious disfigurement is one of a small set of accident-related injuries that qualify a person to pursue damages for pain and suffering, even if the individual signed a policy for limited tort insurance. Many people do not realize that this is the case; the offending driver’s defense lawyer will certainly not be encouraging you to take full advantage of this important legal right. Given the complexities involved in these cases, it is wise to immediately consult the best tort attorney in Philadelphia to ensure you receive the representation you deserve.
Permanent Serious Disfigurement: Which Injuries Qualify?
As noted above, the phrase “permanent serious disfigurement” is a specific legal term that covers a limited range of injuries that have to be evaluated on an individual basis. The process for proving that your injury qualifies as a case of this particular legal category is very challenging. You will need to present extensive proof to receive the compensation you need, so do not hesitate to seek assistance from an experienced Philadelphia accident attorney.
The first key to establishing a legitimate claim to permanent serious disfigurement is rather simple: time. You cannot expect a judge to sign off on a claim to permanent disfigurement if a scar has not healed two weeks after an accident, however painful and distressing those two weeks may have been. A reasonable claim to severe disfigurement involves many months or even years of persistent scarring. That said, one also must act within a reasonable window of time after the accident; a statute of limitations on these cases does go into effect if a person delays too long.
The second crucial step involves the acquisition of thorough documentation from established medical professionals. The more extensive a case’s medical paper trail, the more likely it is that a quality accident attorney can secure the necessary compensation in the court case. As soon as you suspect that you potentially have a permanent serious disfigurement, inform your doctors of your concerns so that they take extraordinarily careful notes and keep all relevant records in good standing.
Conclusion: Permanent Serious Disfigurement is a Serious Affair
Knowledge can prove to be vital if you ever find yourself or a loved one in an accident with serious injuries. The sooner you can begin to document carefully the possible case of permanent serious disfigurement, the better chance you will have of a successful claim for compensation for the pain and suffering that is very real for many accident victims.
The background information presented here is not intended as a substitute for a personalized legal consultation. Cases involving these types of injuries are often extremely volatile because of the high stakes and the high burden of proof. If you are experiencing a serious qualifying injury, or worry that your injury may soon qualify, it is essential that you receive direction from a skilled Pennsylvania accident lawyer who knows every small detail about your case. The due diligence of a premier tort attorney in Pennsylvania tends to be the difference between a positive or negative ruling in these difficult, painful situations.
Joel Kofsky’s law offices have extensive experience fighting for hardworking Pennsylvanians like you. No one expects to wind up in an accident when he or she embarks on his or her daily commute or zips down to the grocery store. Furthermore, no one wants to think about the prospect of suing someone for damages in the event of astronomical medical bills and long-term traumatic injuries. If you do find yourself in this awful situation, the best accident attorney in Philadelphia will make sure that the process is as smooth and painless as possible for you as you struggle to return to ordinary life after your accident.
Please do not hesitate to contact our office for a free consultation. We have a team of highly skilled PA injury lawyers who can help guide you to make the best decisions for you and your family.