Why Do Many Lawyers Decline All Tort Restriction Cases?

Many Lawyers -- Not Us! -- Say "NO" to All Limited Tort Cases

Our Pittsburgh attorneys love taking on limited tort cases. That said, prospective clients often tell us:  "I called other auto injury lawyers and they said they don't handle limited tort."

This raises the question:  if a lawyer advertises on TV (which is expensive) -- and his firm specifically seeks motor vehicle accident cases -- why would he decline all those injured on the road for them having elected limited tort coverage? (Click here to read our review from a prior client injured in motor vehicle accidents, who had been declined by other lawyers.)  

What Gives? 

Here are a couple reasons why other lawyers -- again, not us! -- decline all "limited tort" cases: (1) limited tort's high bar to recover "pain and suffering," and (2) it takes real work to get to know the client's activity level before and after the accident -- to prove to an insurance company or jury the impact of the accident on the plaintiff's life.  

 

 1. Limited Tort's High Bar to Recover "Pain and Suffering." 

You've heard the injury lawyer slogan: "You pay nothing unless we get a recovery for YOU!" This concept has lots to do with claims for "pain and suffering," can generate money that the client wants but does not necessarily need, for daily living.  

But what if you're bared from claiming "pain and suffering"? 

This is what the limited tort election can do.

You get lower insurance premiums, with limited tort. But, you're bared from claiming "pain and suffering" unless your case falls into certain narrow exceptions, or the accident caused "permanent" disfigurement or a "serious" impairment of an "important bodily function." 

Wait, that sounds "serious." Thus, many lawyers shy away from the burden to prove a "serious" impairment. In fact, some lawyers hear "limited tort" and want nothing to do with the case.

We're different. We know the limits of limited tort. For example, it does not apply to motor vehicle injuries that occur while walking (as a pedestrian), on a bike or motorcycle, or in a commercial vehicle, such as a taxi or Uber, even if the injured party had elected "limited tort."  We also challenge the paperwork you filled out to elect limited tort, as your election must be in writing and follow a certain statutory form.  

Plus, when limited tort does apply, we take every potential case seriously, because each Pittsburgh lawyer in our limited tort practice knows the standard is difficult, but not impossible.  In fact, your "limited tort" election can extend the two year statute of limitations, because the 2 year clock does not start until your injuries appear serious.  

 

2. Lawyer Laziness 

Proving a "serious impairment" to an "important bodily function" requires an understanding of the client's life, generally, which takes a committed lawyer. It requires more than putting a medical doctor on the stand to describe an injury, or showing an x-ray to a jury to prove one's case.     

Rather, to show the serious impairment  (on the client's life), the lawyer must get to know the client: what are her activities?  Did she play sports?  Work on computer?  Go for walks?  Cook?  Is she right or left hand dominant? Play any instruments, even as a hobby? An avid hiker? Bike rider? Is exercise and mobility (without restriction) a major part her identity? Etc. Understanding the client's lifestyle -- and life -- before the accident is key. It allows us to illustrate all the ways in which the accident has a "serious" impact on her life.  

Client Questionnaire in Limited Tort Cases 

At the outset of our representation in a motor vehicle accident case, we ask each client for the important information:

What activities did you do before the accident that made you feel like you, such that you don't feel like "yourself" unless you do those activities? 

List the activities that became more difficult or impossible to do after the accident? 

 

Daily Living and Functioning After a Motor Vehicle Accident 

We also invite the client to think about each task she does throughout the day: 

HOME ACTIVITIES:

Walking up and down steps - how many floors?

On what floor is the laundry room? 

Do you use railings?  

Carrying things while ascending or descending steps?

 

Doing yard work

Who does lawn mowing?

Who does snow removal?

Do you maintain a garden or flowers? 

 

Performing "handyman" services

Who does this work around your house or apartment?

Who changes the light bulbs?

What regular maintenance not able to do, now? 

 

Cooking

Who does the cooking?

Do you lift pots and pans?

Cleaning dishes, dishwasher? Or by hand? 

 

Doing shopping

Who does the grocery shopping?

Putting away groceries?

How many steps from your driveway to your kitchen or pantry? 

 

Caring for young children or pets

Lifting them?

Caring for them? Driving to events/school/daycare? 

 

Operating an motor vehicle (car, truck, motorcycle, ATV, boat)

Using the pedals / gear shift?

Difficultly opening doors? 

Getting in and out of a vehicle?

 

Dressing and getting ready for work

Able to do bending/moving to put on clothing?

Manipulating buttons?

Lifting arms over head?

Putting on shoes?

 

Cleaning around the house

Doing floors, sweep? Vacuum? Mop? 

Dusting?

 

Doing laundry

Loading and unloading?

Folding? 

 

Engaging in basic walking / traveling

Walking, limit on distance?

Travel, in bus, or plane, sitting limitation?

 

Physical Hobbies / Sports

Jogging

Hiking

Working out at a home gym or otherwise, lifting restrictions

Reading, holding a book for periods of time? 

Play any instrument? 

Play sports?  Tennis, baseball, swimming, diving, skiing, snorkeling, physical vacation, bike riding? 

any other sport

 

Boating

Operating a boat?

Putting a boat in the water? 

Getting in and out?

Any waterskiing? 

 

Outdoors activities

Golf?

Fishing?

Hunting – walking? Or climbing a tree stand?

 

Managing Your Information to Maximize Your Limited Tort Recovery 

Each Pittsburgh lawyer in our limited tort firm seeks the above information from each client, to give us key information to help get the case over the limited tort threshold. In fact, it takes work on the part of the lawyer to fully understand the client's functional capacity before and after the accident.  Thus, we work hard for a recovery for not only lost wages and medical bills, but also the non-economic claims for pain and suffering.  

In sum, that's how we succeed -- when others don't even try -- to get your case over the limited tort threshold!