In most states, if you suffer injuries after a bad car accident, filing a lawsuit to claim additional compensation for non-economic or pain and suffering damages is a given. However, in the Keystone State, this isn’t always possible.
Pennsylvania’s no-fault system
The Commonwealth of Pennsylvania has a unique “choice no-fault” system. This means there is no need to establish fault or sue the other party to receive compensation. Instead, both parties may seek compensation from their respective insurance providers—regardless of who was at fault in the incident.
Although you can claim compensation without worrying about proving fault, the catch is that this only applies to medical expenses, lost wages and other economic damages.
Coverage under the choice no-fault system
Under a choice no-fault system, you can choose between two types of driver’s insurance coverage:
- Limited tort or no-fault insurance coverage: Offers limited coverage. Since this type of insurance follows the no-fault system, you generally can’t sue for non-economic damages.
- Full tort or at-fault insurance coverage: The more expensive and comprehensive option. This type of coverage allows you to seek additional compensation for pain and suffering.
Essentially, a full tort coverage means you have the right to hold the responsible party fully accountable for their actions and claim compensation for all provable damage.
Possible exceptions to the limited tort
One exception to the rule is catastrophic injuries. Even if you only have a limited tort coverage, if you sustained severe or life-altering injuries, you may still file for pain and suffering and other non-economic damages. In some cases, you may also claim punitive damages.
Examples of catastrophic injuries include:
- Amputation
- Traumatic brain injuries
- Paralysis
- Severe burns
- Spinal cord injuries
Explore your legal options
Navigating the Commonwealth’s choice no-fault system is challenging on your own. This is even more true if you are dealing with severe injuries. Seeking the guidance from a legal professional can not only help you make better sense of your available options but also improve the chances of receiving the compensation you deserve.
