What Is Limited Tort in Pennsylvania, and Can You Still Sue for Injuries?

If you’ve been involved in a car accident in Pennsylvania, your ability to recover damages for pain and suffering may depend on one important factor: whether your insurance policy includes limited tort or full tort coverage. This choice can significantly affect your rights after a crash, especially when you're dealing with serious injuries, lost income, and long-term health consequences.

Understanding the difference between full and limited tort in Pennsylvania is crucial when deciding whether you can sue for certain damages and when to contact a Pennsylvania car accident lawyer for help.

Understanding Limited Tort in Pennsylvania

Pennsylvania is one of the few states that gives drivers the option to choose between full tort and limited tort insurance when purchasing auto coverage.

• Full tort allows you to retain unrestricted rights to sue for both economic and non-economic damages, such as pain and suffering, after a crash, regardless of injury severity.
• Limited tort, on the other hand, limits your right to recover non-economic damages unless you meet certain exceptions.

Limited tort in Pennsylvania is typically less expensive in terms of premiums, which is why many drivers select it. However, after a serious accident on I-76 or Roosevelt Boulevard, many victims find themselves regretting that decision when they discover how difficult it can be to sue under limited tort.

What Does Limited Tort Prevent You From Claiming?

If you selected limited tort coverage and were injured in a crash, you can still recover economic damages, such as:

• Medical bills
• Lost wages
• Property damage

However, unless your injuries qualify as “serious” under Pennsylvania law, you may be barred from recovering non-economic damages, which include:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

This distinction can dramatically impact the overall value of your case.

Exceptions That Allow You to Sue Under Limited Tort

While limited tort does restrict your ability to recover for pain and suffering, there are several important exceptions. If any of these apply, you may still have the right to sue under limited tort in Pennsylvania:

• Serious injury exception: If your injuries result in a serious impairment of a body function, such as permanent nerve damage, paralysis, or traumatic brain injury, you may qualify to sue for full damages.
• Out-of-state vehicle exception: If the at-fault driver was operating a vehicle registered in another state, limited tort may not apply.
• Drunk driver exception: If the at-fault driver was convicted of DUI, you may bypass limited tort restrictions.
• Uninsured driver exception: If the at-fault driver had no insurance at the time of the accident, you can pursue full tort recovery, even if you chose limited tort.

These exceptions often apply in collisions throughout Philadelphia County, especially on heavily traveled routes like Broad Street, Kelly Drive, or near major intersections such as City Avenue and Lancaster Avenue.

How a Lawyer Can Help You Navigate Limited Tort

If you’re not sure whether your injury qualifies as “serious,” or if you think you might fall into one of the exceptions, speaking with a Pennsylvania car accident lawyer is essential. Proving that your injuries meet the serious injury threshold often requires detailed medical documentation, expert testimony, and a strong legal strategy. A knowledgeable attorney can help you:

• Review your insurance policy to determine if you’re bound by limited tort
• Assess your eligibility for an exception
• Build a strong case for compensation, including pain and suffering, if you qualify

You May Still Have Options: Call Edelstein Martin & Nelson

Just because you selected limited tort in Pennsylvania doesn’t mean you’re out of options. Many injured victims can still pursue full compensation under the law, especially when their injuries are life-altering or involve one of the legal exceptions. Don’t assume you can’t recover for pain and suffering without speaking to an attorney.

If you’ve been injured in a crash and have questions about limited tort in Pennsylvania, contact Edelstein, Martin, and Nelson at (215) 731-9900. Our skiled Pennsylvania car accident lawyer can evaluate your case, explain your rights, and help you pursue the maximum compensation available.