What Counts as a “Serious Injury” in Pennsylvania Car Accidents?
After a car accident in Pennsylvania, the type of insurance coverage you carry determines what compensation you can seek. If you have limited tort coverage – which many drivers choose because it costs less – you need to prove you suffered a “serious injury” to recover money for pain and suffering. But what exactly makes a car accident injury serious under Pennsylvania law?
How Does Pennsylvania Define a Serious Injury?
Pennsylvania law says a serious injury is one that causes death, significant impairment of bodily function, or permanent serious disfigurement. These broad categories leave room for interpretation, which is why courts have spent years clarifying what they mean.
The good news is that Pennsylvania courts have decided that an injury doesn’t need to be permanent to be serious. The 1995 Dodson v. Elvey case established this critical point. Three years later, the Washington v. Baxter case determined that juries, not judges, usually decide whether an injury qualifies as serious. This means your case gets heard by regular people who can understand how the injury affects your life.
What Types of Injuries Qualify as Serious Impairment?
Serious impairment of bodily function covers many different injuries. Federal guidelines require states to include specific conditions in their definition of serious injuries. These guidelines help ensure consistency across different cases and jurisdictions. Examples of injuries that typically qualify include:
- Broken bones in arms or legs
- Head injuries causing unconsciousness
- Internal organ damage
- Second or third-degree burns covering 10% or more of the body
- Paralysis of any kind
- Deep cuts exposing tissue or bone
Each case is unique. An injury that seems minor initially might develop into something more serious over time. That’s why documenting your medical treatment from day one is crucial.
When Does an Injury Cause Permanent Disfigurement?
Permanent serious disfigurement happens when an injury leaves visible, lasting changes to your body even after you’ve healed as much as possible. This goes beyond typical scarring from cuts or scrapes. Courts look at whether the disfigurement significantly changes your appearance or affects your daily life.
Amputations clearly fall into this category. So does extensive scarring on visible areas like the face, neck, or hands. Injuries that cause your body to heal in an abnormal position or shape also qualify. The key word here is “serious” – the disfigurement must be substantial enough to noticeably affect your appearance or function.
Why Does This Classification Matter for Your Case?
Pennsylvania’s insurance system gives drivers two choices. Full tort coverage lets you seek compensation for all types of harm, including pain and suffering, regardless of injury severity. Limited tort coverage doesn’t allow you to sue for pain and suffering unless you meet the serious injury threshold.
Many Pennsylvania drivers pick limited tort because it saves money on premiums. But after an accident caused by someone else, this choice can limit your recovery unless you can prove your injuries are serious. Medical bills and lost wages are covered either way, but compensation for physical pain, emotional distress, and reduced quality of life requires meeting the serious injury standard.
What Steps Should You Take After an Accident?
Document everything about the accident and your injuries. Take photos, keep all medical records, and follow your doctor’s treatment plan. Write down how your injuries affect your daily activities – what you can’t do now that you could do before.
If you carry limited tort coverage and suffered injuries in an accident that wasn’t your fault, don’t assume you can’t recover full compensation. An experienced car accident attorney can evaluate your injuries against Pennsylvania’s serious injury criteria and help you build the strongest possible case. At Stine & Associates, P.C., we can help you understand your rights and fight for the compensation you deserve after a serious car accident. Contact us today for a free consultation.