Helping You Understand Torts

What Are Torts?

Criminal Law vs. Civil Law

The best way to understand a limited tort policy is to step back for a better perspective. If you take the law as a whole, it can be divided in half. On one side you have criminal law, which most individuals have a decent understanding. This is when a person commits a crime and the State or Federal Government prosecutes the case.

The other half of the law is what is known as civil law. This involves one individual filing a lawsuit against another individual. civil law may be divided into many other categories, including corporate law (mergers and acquisitions), domestic law (divorce and custody), contract law (disputes between building contractors or providers of goods and services), and tort law.

What are limited torts?

Tort law is that area of civil law that deals with personal injuries. It includes medical injury cases, premise liability cases (slip and fall or dog bite), and automobile collisions.

In approximately 1990, our legislatures passed a law enabling insurance companies to sell a type of automobile insurance called, limited tort. The intent of the law was to contain what was perceived as the spiraling cost of automobile insurance.

In exchange for an approximate 20% reduction in premium cost, a person who selects limited tort coverage has waived their right to receive compensation for any non-economic losses.

Types of Non-Economic Losses

  • Loss of life’s pleasures
  • Disfigurement
  • Any pain or suffering

However, a person with a limited tort policy may still make a claim for and collect all their economic losses.

Types of Economic Losses

  • Lost wages
  • Unpaid medical bills (co-pays)
  • Collision damages.

    Thus, if you sustain an injury in an automobile accident due to the negligence of another driver and you have a limited tort insurance policy, you may be limited to make a claim only for your out-of-pocket expenses. This may also make it nearly impossible to find a lawyer to represent you on a contingency fee basis as it is unlikely that the lawyer will be able to earn a fee.

    Why It's Important to Speak With Your Lawyer

    However, there are exceptions to limited tort. For instance, if you sustain a serious impairment of a bodily function, you may be deemed to “overthrow the limited tort threshold.” Generally, such an injury must be more than a simple whiplash injury and usually involves the need for medical care over an extended period of time. Regardless of your coverage, if you've sustained catastrophic harm, it is in your best interest to contact an attorney as soon as possible.

    Call Mayerson Injury Law, P.C. at (610) 492-7155 or contact us online to arrange a free initial case evaluation!

    Our Blog

    Recent Posts
    • 3 of the Most Common Bad Faith Insurance Tactics

      The reality is that insurance companies are businesses and their goal is to make money. When these insurance companies look for any reason to deny ...

      Continue Reading
    • FAQs: Car Accidents in Pennsylvania

      The odds are that you will probably be in a car collision at some point in your lifetime. While many car accidents don’t cause serious damage or ...

      Continue Reading
    • Is a Driver Who Hits a Pedestrian Always at Fault?

      Automobile accidents between vehicles and pedestrians can happen unexpectedly and result in significant damage, as well as potentially serious ...

      Continue Reading

    Our Case Results

    A History of Success
    • $2 Million Injured Good Samaritan
    • $2 Million Reckless Driver Car Accident
    • $1 Million Head On Collision Case
    • $1 Million Young Single Mother Permanently Disabled in Head-On Collision
    • $1 Million Father of Three
    • $1 Million Truck Driver
    • $1 Million Underinsured Motorist Arbitration-
    • $1 Million Teenage Motorcyclist
    • $865 Thousand Settlement for Head-On Collision
    • $750 Thousand Driver with Prior Spine Surgery
    • $570 Thousand Motor Vehicle Injury
    • $300 Thousand Facilities Worker
    • $270 Thousand Crane Accident
    • $225 Thousand Woman Injured After Other Driver Ran Stop Sign
    • $212 Thousand Multiple Accidents
    • $170 Thousand Slip on Ice
    • $160 Thousand Motorcycle Accident
    • $150 Thousand Insurer Bad Faith Case

    Contact Us. We're Ready to Help.

    Let's Get Started on Your Case Together
    • Please enter your name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.