When you’re a car accident victim, you want to know what you can recover in compensation. Financial compensation after a car accident can cover many different kinds of losses. Can a Pennsylvania car accident lawsuit include pain and suffering? Here’s what you need to know from our Pennsylvania personal injury attorneys:
Can you sue for pain and suffering in a Pennsylvania car accident?
Whether you can sue for pain and suffering in a Pennsylvania car accident depends on the type of car insurance that you select. In Pennsylvania, you can purchase full tort car insurance or limited tort car insurance. If you select full tort car insurance, you can always sue for pain and suffering when you’re in an accident. If you select limited tort car insurance, you can sue for pain and suffering only when your car accident injuries are serious.
Full tort vs. limited tort in Pennsylvania car insurance
In most states, whether you can sue for pain and suffering after a car accident is simple. Generally, a state either uses a fault car accident system or a no-fault car accident system. In a state with a fault system, you can always sue for pain and suffering. In states with a no-fault system, you generally can’t sue for pain and suffering unless your injuries are severe.
However, Pennsylvania is unique when it comes to pain and suffering in car accident lawsuits. Pennsylvania drivers choose ahead of time whether they want the right to sue for pain and suffering. If you choose full tort car insurance, you can always ask for pain and suffering when you’re hurt in an accident. If you choose limited tort insurance, you can claim pain and suffering only when you have serious injuries.
Opting for limited tort liability saves you about 15 percent on your car insurance premiums. In exchange, you waive the legal right to claim compensation for anything but economic losses in a car accident. You can still claim things like medical bills and property damage. However, with limited tort liability, there’s no compensation for the physical pain, mental anguish and the emotional scars that come along with physical injuries.
Can I sue for pain and suffering after a car accident in PA?
To determine whether you can sue for pain and suffering after a car accident in Pennsylvania, your lawyer starts by looking at your insurance policy. They also look at your injuries. Depending on whether you select full or limited tort insurance and whether you have serious injuries, you may be able to sue for pain and suffering after a car accident. There are no limitations on damages for pain and suffering in the State of Pennsylvania.
Contact our Philadelphia car accident attorneys
Have you been in a car accident? Are you wondering if you can sue for pain and suffering? Our personal injury attorneys can help. The Randy H. Kaplan personal injury law firm offers a full range of personal injury legal services. Whatever your circumstance, we’re here to help you fight for justice. Our personal injury law firm handles accident cases throughout Pennsylvania. Contact us today to talk about your case.