Serious Impairment of an Important Bodily Function
This Pittsburgh lawyer has written previously about the perils of electing the “Limited Tort Option” under the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”). This election precludes you from recovering non-economic damages for a crash, unless an exception applies, such injuries outside of a private passenger vehicle, including pedestrian injuries. One key exception is an injury that constitutes a “serious impairment” of a bodily function. What then is a serious Impairment?
Key Case Defining Serious Impairment
The Pennsylvania Supreme Court has determined that the “serious impairment of body function” threshold contains two inquiries:
a) What body function, if any, was impaired because of the injuries sustained in a motor vehicle accident?
b) Was the impairment of the body function serious? The focus of these inquiries is not on the injuries themselves, but on how the injuries affected a particular body function. Generally, medical testimony will be needed to establish the existence, extent, and permanency of the impairment.. . . In determining whether the impairment was serious, several factors should be considered: the extent of the impairment, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors.
Washington v. Baxter, 719 A.2d 733, 740 (Pa. 1998) (emphasis added).
What If I Can Still Do Physical Labor?
Importantly, the courts look for a mere “negative impact” on one’s work. The courts stop short requiring that you actually miss work from your injuries. “[E]vidence of how a particular injury affects a specific plaintiff, including how that injury negatively impacted the person’s ability to perform his or her chosen profession, is relevant in determining whether a plaintiff has suffered a serious impairment of a body function.” Vetter v. Miller, 157 A.3d 943, 948 (Pa. Super. 2017).
Thus, for example, if you’re able to work full time at your office job following a car accident, but you have to stand up periodically (because it hurts to sit) — or your employer keeps you at the same salary with modified duties — such things weigh heavily on the side of proving a “serious impairment.” This is true even if you’re able to work both full time and overtime following a motor vehicle accident.
The Impairment Need Not be Permanent
This is where many lawyers and claims adjusters for insurance companies get confused. The “serious impairment” exception to limited tort does not require a permanent injury. “An impairment need not be permanent to be serious.” Washington v. Baxter, 719 A.2d 733, 740 (Pa. 1998) (emphasis added).
Rather, there is a separate exception to limited tort for permanent disfigurement from an accident. This could include a surgical scar, amputation, discoloration, or other significant visual change to one’s head or body from the collision. There, the disfigurement must be permanent. But when it comes to function (contrasted from your appearance), there is no specific length of time by statute — or in the case law — to define how many months you must suffer.
Can a Judge Dismiss a Limited Tort Case For Not Looking “Serious”?
The answer is yes, and it does happen from time to time. But this only happens when the record is clear and free from dispute. The superior court noted in WALDINGER v. WOKULICH, No. 478 WDA 2022 (Pa. Super. Ct. Feb. 15, 2023)(an non-precedential opinion):
The determination of whether a serious injury has been sustained “should be made by the jury in all but the clearest of cases.” Washington, 719 A.2d at 740; Brown v. Trinidad, 111 A.3d 765, 770-71 (Pa. Super. 2015). However, summary judgment may be granted where a limited-tort plaintiff only presents subjective allegations of a serious impairment without objective medical evidence. McGee, 750 A.2d at 914 (stating that a plaintiff must generally present “objective medical evidence as to the degree of any impairment and extent of pain suffered.”).
Importance of Getting Medical Treatment
Take it from a Pittsburgh attorney handling hundreds of motor vehicle accident claims against insurance companies (for negligent drivers): your injuries are not “real” (in the eyes of the court or insurance company for the driver who injured you), unless the medical records confirm the fact of your injury. This applies regardless of whether you had elected full tort or limited tort. However, with limited tort, the court may actually dismiss your claims if not supported by regular treatment. Also important is prompt treatment, immediately following the accident.
Thus, for example, you may have felt emotionally traumatized when a violent motor vehicle collision flipped your car over, but the mental injury won’t count, unless you get psychological counseling for the trauma. Likewise, having pain in your neck, back, shoulder or hip won’t matter, unless you regularly follow up with your primary care or other doctor for evaluation of treatment options. Otherwise, even with a great lawyer, the insurance company for the negligent party is not going to take your limited tort car accident claim as seriously as you deserve.
Contact our Limited Tort Vehicle Injury Lawyers Today!
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