Pennsylvania Traumatic Brain Injury Lawyers

Limited and full tort for injuries caused by other drivers

Pennsylvania’s statutory automobile insurance notice describes a limited-tort option that limits the right of the insured and household members to seek compensation for injuries caused by other drivers.¹ Under that notice, the insured and other household members covered by the policy may seek medical and other out-of-pocket expenses, but not pain and suffering or other nonmonetary damages “unless the injuries suffered fall within the definition of "serious injury" as set forth in the policy or unless one of several other exceptions noted in the policy applies.”¹

For this statutory chapter, “unless the context clearly indicates otherwise,” serious injury means a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.²³

The full-tort notice describes an option under which the insured and other household members covered by the policy may seek medical and other out-of-pocket expenses, as well as pain and suffering and other nonmonetary damages, for injuries caused by other drivers.¹ A person bound by the full-tort election remains eligible to seek compensation for claimed noneconomic loss and sustained economic loss from a motor vehicle accident caused by another person’s fault, “pursuant to applicable tort law.”⁴

Pennsylvania’s statutory filing period

Pennsylvania sets a two-year filing period for a claim seeking damages for personal injury or death caused by another’s wrongful act, neglect, unlawful violence or negligence.⁵⁶ For a civil claim, the period runs from when the claim arose, “except as otherwise provided by subsection (b) or by any other provision of this chapter.”⁷

For the minority provision, a minor is a person under 18.⁸ The rule also requires unemancipated status when the claim arises: “If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced.”⁹ After reaching majority, a person meeting that condition has the same time to file that this subchapter allows others.⁹

A separate provision states: “Except as otherwise provided by statute, insanity or imprisonment does not extend the time limited by this subchapter for the commencement of a matter.”¹⁰

How your own negligence affects recovery

We discuss any allegations about your conduct with you and explain our assessment.

In a Pennsylvania negligence action for personal injury, your own negligence does not bar recovery by you or your legal representative if it was not greater than the causal negligence of the defendant or defendants from whom recovery is sought.¹¹ Your damages are reduced in proportion to the negligence attributed to you.¹¹

Where a Pennsylvania action may be filed

Pennsylvania Rule 1006(a) provides several grounds for choosing a county when filing an action against an individual; the following is one example.¹² “Except as otherwise provided by subdivisions (b) and (c) of this rule,” an action against an individual may be brought in a county where “a transaction or occurrence took place out of which the cause of action arose.”¹²

For corporations and similar entities, one category covered by subdivision (b), actions may be brought only in the counties designated by Rule 2179, “except as otherwise provided in subdivision (c)”.¹³

Subdivision (c) states: “An action to enforce a joint or joint and several liability against two or more defendants, except actions in which the Commonwealth is a party defendant, may be brought against all defendants in any county in which the venue may be laid against any one of the defendants under the general rules of subdivisions (a) or (b).”¹⁴

Why Choose CM Injury

At CM Injury, we give your family and your Pennsylvania traumatic brain injury file personal attention. We read the records and explain our assessment, including whether we would take the matter forward and how we would approach it.

We discuss the next step with your family and explain the reasons behind our assessment. If retained, we make trial preparation part of our approach to the matter.