What Counts as a “Serious Injury” Under Limited Tort in Pennsylvania?

Quick Answer

A “serious injury” under Pennsylvania’s Limited Tort law is an injury resulting in death, serious impairment of a bodily function, or permanent serious disfigurement.

There is no automatic list of qualifying injuries. The determination generally depends on the extent and duration of the impairment, the treatment required, and how the injury affects the person’s work and normal daily activities.

Key Takeaways

• A diagnosis alone does not automatically establish a serious injury.
• The actual impairment caused by the injury is important.
• Medical evidence, treatment, and daily limitations may all be considered.
• An impairment does not necessarily have to be permanent to qualify as serious.
• A serious injury is different from a statutory exception to Limited Tort.

How Is a Serious Injury Under Limited Tort Determined in Pennsylvania?

Pennsylvania law defines a serious injury as one resulting in death, serious impairment of a bodily function, or permanent serious disfigurement. This definition appears in 75 Pa.C.S. § 1702.

When deciding whether an injury seriously impaired a bodily function, relevant considerations may include:

• The extent of the impairment;
• How long the impairment continued;
• The treatment required; and
• The effect on work and normal daily activities.

Every person and injury is different. Two people with similar diagnoses may experience very different physical limitations.

Does a Diagnosis Automatically Count as a Serious Injury?

No.

A fracture, herniated disc, concussion, torn ligament, nerve injury, or other medical condition may be significant. However, the diagnosis alone may not determine whether the Limited Tort threshold has been met.

Medical records, diagnostic studies, physician findings, treatment history, missed work, physical restrictions, and the effect on normal activities may help show the seriousness of the impairment.

Is a Serious Injury the Same as a Limited Tort Exception?

No. These are separate ways Limited Tort restrictions may be overcome.

A person may qualify by establishing a serious injury even when a statutory exception does not apply.

Learn more: What Are the Exceptions to Limited Tort in Pennsylvania?

What To Do Next

If you were injured and believe Limited Tort may apply:

1. Locate your automobile insurance declarations page.
2. Confirm whether Limited Tort or Full Tort applies.
3. Preserve your medical records and treatment instructions.
4. Document how the injury affects your work and daily activities.

Need Help Understanding a Limited Tort Claim?

Limited Tort claims can require a careful review of the insurance policy, accident circumstances, medical evidence, and effect of the injury.

When legal representation is needed, PhillyLegalConnect connects readers directly with The Oakes Firm — Philadelphia Injury Lawyers.

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Related PhillyLegalConnect Quick Answers

• What Is Limited Tort in Pennsylvania?
• Can I Sue With Limited Tort in Pennsylvania?
• What Are the Exceptions to Limited Tort in Pennsylvania?
• What Is Full Tort in Pennsylvania?
• What Does “Stacking” Auto Insurance Mean in Pennsylvania?

Explore More PhillyLegalConnect Resources

• Philadelphia Injury Playbook
• Philadelphia Neighborhood Safety
• South Jersey & Jersey Shore Injury Guide