In Pennsylvania you are given the option of choosing what is called “limited tort” or choosing “full tort” coverage. The insurance companies offer you a small discount on your premium if you choose limited tort. However, they probably never explained to you the consequences of that potentially fatal error to a future case.
In general, the insurance agent will explain to you that if you choose limited tort it will be a lot less expensive and you will still have the right to sue if you are seriously injured. This sounds wonderful! Who wouldn't want to pay a few hundred dollars less per year in premiums as long as they still have the right to sue if they are seriously injured? The problem is that the definition of a serious injury is far from clear. And why do they call the coverage “Limited Tort?” Why couldn't they just speak plain English and call it “Limited Right to Sue” or something you might actually understand? Because they don't want you to understand. That will cost them money!
What does the law say is the definition of a “serious injury?” Pennsylvania law defines “serious injury” as “[a] personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” However, the law does not define the word “serious”!
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