Limited Vs. Full Right To Sue

The right of Pennsylvania and New Jersey residents to file for noneconomic losses can vary under the law, depending on their insurance policies. This can significantly affect the compensation that you can pursue in the event of an auto accident. At Soloff & Zervanos, P.C., a personal injury lawyer can explain the difference between a limited and full right to sue if you have been involved in an auto accident. As a general rule, we strongly recommend that individuals select the option that affords them the chance to pursue the greatest amount of compensation. If you have been in an auto accident, contact our law firm today to schedule a free consultation with a Philadelphia personal injury attorney.

Contact A Pennsylvania And New Jersey Personal Injury Lawyer

If you or a loved one has been involved in an auto accident, our attorneys have the experience and wherewithal needed to help. If you have questions regarding limited vs. full right to sue, we can provide the answers you are looking for. To schedule a free consultation and case review with an Allentown, Reading and Philadelphia-area personal injury lawyer, contact an attorney from Soloff & Zervanos, P.C., today.

Pennsylvania Limited Tort

If your insurance coverage falls under the limited tort option, you and members of your family are giving up certain constitutional rights to pursue recovery, even in instances in which the other driver is fully responsible for the accident. Under this form of insurance, you and other household members covered under the policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other non-monetary damages, unless the injuries sustained fall into one of the following categories:

  • Personal injury resulting in death, serious impairment or permanent serious disfigurement
  • If the other driver is convicted of driving under the influence of alcohol or a controlled substance or accepts an ARD program
  • If the other driver committed an intentional act which caused your injuries
  • If the other driver was operating a vehicle registered in another state
  • If the other driver has no insurance

Although the limited tort option provides for cheaper insurance premiums, the minimal cost difference must be weighed against the significant legal rights you will be losing. In addition, the person purchasing the insurance must realize that by selecting limited tort, it applies to not only the person purchasing the insurance, but also all members of the household. As a result, a minor child riding in a neighbor's vehicle is deemed to have limited tort if that vehicle is involved in an accident. Serving New Jersey and Pennsylvania, a personal injury lawyer from our firm can review your case and determine your claim eligibility.

New Jersey Limitation On Lawsuit Option

If you are subject to a limited right to sue, referred to as limitation on lawsuit option in New Jersey, you are required to establish to the court that you or a loved one has suffered one of the following injuries before you can file a claim for noneconomic loss:

  • Death
  • Dismemberment
  • Significant disfigurement or significant scarring
  • Displaced fracture
  • Loss of a fetus
  • Permanent injury (excluding minor scarring or disfigurement)

A permanent injury in this case is considered any injury in which the organ or body part fails to properly heal and will not properly heal or function normally even with further medical treatment. A clear example of such an injury would be a catastrophic spinal cord injury that leaves an individual paralyzed. Permanent injuries, however, can be interpreted in a number of ways, and many other less serious injuries may also qualify. The best way to determine whether your injury meets the criteria outlined in the limitation on lawsuit option is by referring to a qualified physician and attorney.

Pennsylvania And New Jersey Full Right To Sue

Insured people who fall under the category of full right to sue, known as full tort in Pennsylvania and no limitation on lawsuit option in New Jersey, may file claims for any and all injuries sustained in an automobile accident, regardless of the type or severity. It is important to note, however, that simply having a right to file a claim does not automatically guarantee that the claimant will win it. If you or a loved one has been injured in an auto accident, a Philadelphia personal injury attorney from Soloff & Zervanos, P.C., can review your case and advise you on the best way to proceed with your claim. Contact our firm today to schedule a free consultation.