The rules of society impose obligations on individuals and businesses. People need to follow through with contractual promises to each other. They also need to apply a reasonable degree of care in scenarios where they might cause significant harm to others.
The law requires insurance coverage in a variety of circumstances that feature an increased risk of injury or harm to others. State law also extends the right to pursue litigation in scenarios where one party causes harm to another without adequate insurance coverage.
The tort laws on the books in Pennsylvania have important implications for those involved in motor vehicle collisions. When a crash results in catastrophic injury, people may need to learn about tort law and their rights.
What is a tort?
A tort is essentially harm that results in losses. A tort occurs when one party causes harm to another through misconduct or negligence.
The situation does not need to meet the standard necessary for criminal prosecution to constitute a tort. When one person sues another individual after a car crash, they assert that a tort occurred and seek compensation based on the negligence or regulatory infractions of the other party.
What are Pennsylvania’s tort laws?
Tort rules in Pennsylvania govern insurance coverage and lawsuits brought after a wreck. Drivers have to choose between full-tort coverage and limited-tort coverage. Full-tort coverage is more expensive but entitles someone harmed in a crash to seek full compensation for all losses, including pain and suffering.
Limited-tort coverage often prevents people from pursuing pain and suffering damages as part of a car crash lawsuit. However, the law does extend a number of exceptions to those who carry limited tort insurance. In certain situations, including crashes caused by drunk drivers or an uninsured driver, the parties affected by the crash still have the option of pursuing compensation as though they have full tort coverage.
If the injury is catastrophic or qualifies as serious under state law, then the injured party or their surviving family members can pursue full reimbursement for their losses. A serious injury causes physical impairment, permanent disfigurement or death.
Those pursuing compensation for a catastrophic injury may need help evaluating their situation and developing their legal position. They also need to take action quickly, as the statute of limitations requires that plaintiffs initiate legal action within two years of the incident in most cases.
Learning more about state tort statutes and how insurance rules may affect a catastrophic injury claim may be beneficial for those involved in a motor vehicle collision. Complex personal injury cases often require the assistance of a professional if people hope to recoup the maximum amount possible.
