Can You Sue For Injury With Limited Tort?

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Brenton Armour
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Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases...Read more

Limited tort insurance is a type of auto coverage that allows you to save money on your premiums. However, it also limits your ability to sue for damages after a car accident. So, what happens if you are injured in an accident and have limited tort insurance? Can you still sue for injury with limited tort? Let’s take a closer look at this topic.

When you purchase limited tort insurance, you are essentially giving up your right to sue for non-economic damages, such as pain and suffering, unless your injuries meet certain criteria. This can make it difficult to receive full compensation for your injuries. However, there are some exceptions to this rule, and it is important to understand your rights and options in the event of an accident. Keep reading to learn more about suing for injury with limited tort insurance.

Can You Sue for Injury With Limited Tort?

Yes, you can sue for injury with limited tort, but your legal options may be limited. Limited tort insurance limits your right to sue for non-economic damages, such as pain and suffering. However, you may still be able to sue for economic damages, such as medical bills and lost wages. Contact a personal injury lawyer to discuss your options and determine the best course of action for your case.

Can You Sue for Injury With Limited Tort?

Can You Sue for Injury With Limited Tort?

Limited tort is a type of car insurance in which the policyholder gives up their right to sue for pain and suffering in exchange for lower premiums. However, this does not mean that you cannot sue for injury with limited tort. In fact, there are some situations where you may be able to sue for pain and suffering even if you have limited tort coverage.

What is Limited Tort?

Limited tort is a type of car insurance coverage that is available in some states. It allows policyholders to save money on their premiums by giving up their right to sue for pain and suffering in the event of an accident. Instead, they are only able to sue for economic damages such as medical bills and lost wages.

The idea behind limited tort is that it helps to reduce the number of frivolous lawsuits that are filed each year. It also helps to keep insurance premiums lower for everyone by reducing the amount of money that insurers have to pay out in settlements and court costs.

When Can You Sue for Pain and Suffering?

While limited tort does limit your ability to sue for pain and suffering, there are some situations where you may still be able to do so. For example, if the other driver was under the influence of drugs or alcohol at the time of the accident, you may be able to sue for pain and suffering even if you have limited tort coverage.

Another situation where you may be able to sue for pain and suffering is if the other driver was driving recklessly or intentionally caused the accident. In these cases, it may be possible to argue that the other driver’s actions were so egregious that they should be held responsible for your pain and suffering.

Benefits of Limited Tort

One of the main benefits of limited tort is that it can help to lower your car insurance premiums. By giving up your right to sue for pain and suffering, you are reducing the amount of risk that the insurance company has to take on. This can translate into lower premiums for you.

Another benefit of limited tort is that it can help to reduce the number of frivolous lawsuits that are filed each year. By limiting the types of damages that can be recovered in a lawsuit, limited tort helps to discourage people from suing for minor injuries or for injuries that are not related to the accident.

Disadvantages of Limited Tort

One of the main disadvantages of limited tort is that it limits your ability to recover damages for pain and suffering. This means that if you are injured in an accident, you may not be able to recover compensation for the emotional and psychological impact that the accident has had on you.

Another disadvantage of limited tort is that it can make it more difficult to find an attorney to represent you. Many attorneys are hesitant to take on cases that involve limited tort because they know that the potential for recovery is limited.

Limited Tort vs. Full Tort

Full tort is another type of car insurance coverage that is available in some states. Unlike limited tort, full tort allows policyholders to sue for pain and suffering in the event of an accident. However, full tort coverage is often more expensive than limited tort coverage.

The decision between limited tort and full tort coverage ultimately comes down to a balancing act between cost and risk. If you are willing to take on more risk in exchange for lower premiums, limited tort may be the right choice for you. However, if you want the peace of mind that comes with knowing that you can sue for pain and suffering if you are injured in an accident, full tort may be a better option.

Conclusion

In conclusion, limited tort can be a good option for drivers who want to save money on their car insurance premiums. However, it is important to understand that limited tort does limit your ability to sue for pain and suffering in the event of an accident. If you are considering limited tort coverage, be sure to weigh the benefits and disadvantages carefully before making a decision.

Frequently Asked Questions

Can You Sue for Injury With Limited Tort?

Yes, you can still sue for injury with limited tort, but there are some restrictions that apply. If you have limited tort insurance and are injured in a car accident that was not your fault, you can only sue for economic damages such as medical expenses, lost wages, and property damage. You cannot sue for non-economic damages such as pain and suffering unless the injuries you sustained fall under the category of “serious injury.”

Under Pennsylvania law, a “serious injury” is defined as an injury that results in death, permanent disfigurement, or the permanent loss of a bodily function. If your injuries meet this definition, you can sue for non-economic damages even if you have limited tort insurance. However, proving that your injuries meet this standard can be difficult, and it is best to consult with a personal injury attorney to determine whether you have a viable case.

What is Limited Tort Insurance?

Limited tort insurance is a type of car insurance that limits your ability to sue for damages after a car accident. With limited tort insurance, you give up your right to sue for non-economic damages such as pain and suffering in exchange for lower insurance premiums. If you have limited tort insurance and are injured in a car accident that was not your fault, you can only sue for economic damages such as medical expenses, lost wages, and property damage, unless your injuries meet the definition of “serious injury.”

While limited tort insurance can save you money on your insurance premiums, it can also limit your ability to recover damages in the event of an accident. It is important to carefully consider the pros and cons of limited tort insurance and consult with a personal injury attorney to determine whether it is the right choice for you.

What Are Economic Damages?

Economic damages are damages that can be easily quantified and calculated. They include expenses such as medical bills, lost wages, and property damage. If you have limited tort insurance and are injured in a car accident that was not your fault, you can sue for economic damages regardless of whether your injuries meet the definition of “serious injury.”

Economic damages are usually the easiest type of damages to prove in a personal injury case, as they can be substantiated with bills, receipts, and other documentation. It is important to keep careful records of all expenses related to your injury in order to maximize your recovery of economic damages.

What Are Non-Economic Damages?

Non-economic damages are damages that are difficult to quantify and calculate. They include damages such as pain and suffering, emotional distress, and loss of enjoyment of life. If you have limited tort insurance and are injured in a car accident that was not your fault, you cannot sue for non-economic damages unless your injuries meet the definition of “serious injury.”

Non-economic damages are often the most significant damages in a personal injury case, as they compensate the victim for the intangible harm caused by the accident. If your injuries meet the definition of “serious injury,” it is important to work with a personal injury attorney to ensure that you receive fair compensation for your non-economic damages.

Do I Need a Personal Injury Attorney if I Have Limited Tort Insurance?

Yes, it is still important to consult with a personal injury attorney if you have limited tort insurance and are injured in a car accident that was not your fault. While you may be limited in your ability to recover damages, there are still circumstances where you may be able to recover non-economic damages if your injuries meet the definition of “serious injury.”

In addition, a personal injury attorney can help you maximize your recovery of economic damages and ensure that you are fairly compensated for your injuries. They can also help you navigate the complex legal process and negotiate with insurance companies on your behalf. It is important to work with an experienced personal injury attorney who understands the nuances of limited tort insurance and can help you achieve the best possible outcome in your case.

I Was Injured in a Crash But We Have Limited Tort. Can We Sue? | Fellerman & Ciarimboli | Law & You

In conclusion, while it is possible to sue for injury with limited tort, it can be a challenging process. Limited tort insurance policies limit the ability to recover non-economic damages, such as pain and suffering. However, there are exceptions to this rule, such as cases involving serious injuries or accidents caused by drunk drivers.

It is important to consult with an experienced personal injury attorney to determine if you have a viable case with limited tort insurance. They can help evaluate your case and determine the best course of action to pursue maximum compensation for your injuries.

Overall, the decision to choose limited tort insurance coverage should not be taken lightly. It is important to weigh the potential savings on premiums against the potential limitations on your ability to recover damages in the event of an accident.

Brenton ArmourUX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases from minor injuries to devastating accidents, earning him a sterling reputation as a trusted and passionate advocate for justice. Brenton's unwavering dedication to his clients has cemented his position as a sought-after personal injury attorney.

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