In order to recover, you will not only have to prove that you suffered an injury, but that your injury constitutes a “serious impairment of a bodily function.” Once you've overcome that threshold, the limited tort plaintiff is held to the same standard a full tort victim.
In Pennsylvania, insurance companies offer full tort coverage, which gives covered individuals the right to sue in court for full damages, and limited tort coverage which restricts the ability to sue for pain and suffering.
The Pennsylvania Tort Claims Act revokes sovereign immunity in enumerated instances of negligence. The law governing municipal liability in Pennsylvania is similar, making the government entity liable to the same extent a private person would be in those situations.
However, if you have the funds and want to ensure you can get a full compensation if you are ever in an accident, go with full tort. Choosing carefully when hiring a personal injury lawyer is crucial to ensure your case is successfully heard.
In Pennsylvania, tort cases are civil lawsuits, also known as personal injuries or damages. This law gives grounds for an individual to file a lawsuit against another individual or company due to harm or injury incurred by the plaintiff.
Torts fall into three general categories: Intentional torts (e.g., intentionally hitting a person); Negligent torts (e.g., causing an accident by failing to obey traffic rules); and. Strict liability torts (e.g., liability for making and selling defective products - see Products Liability).
A tort claim is any act that can harm the well-being of a person, by that means violating their rights and making the guilty party liable for their damages and sufferings.
Simply put, Pennsylvania's tort insurance allows the injury victim to be compensated following a car accident in Pennsylvania. Pennsylvania is a “choice no-fault” insurance state. This means the driver is given the choice of either a no-fault insurance policy or an at-fault insurance policy.
To file a claim, complete these steps: Complete Standard Form 95. Explain in detail what happened, using additional pages if necessary. Attach all documents that support your claim, which may include the following. Submit the completed Standard Form 95 and supporting documents to the OPM Office of the General Counsel.