The purpose of limited tort is to weed out “non-serious” claims from the system. Traditionally, those non-serious cases were routine soft tissue neck and back injuries which resolved after limited physical therapy. To most clients, they have suffered a serious injury.  

The Pennsylvania Superior Court has provided us with insight as to what the Pennsylvania Courts should consider a “serious injury”. The Superior Court indicated that the focus should be on the nature and extent of the person’s impairment as a consequence of the injury. Nevertheless, the injury need not be permanent to be serious.

In addressing clients' medical providers, I request that they apply the following factors to  consider:

 1. The inquiry does not focus on the injury itself, but whether the injury causes or caused serious impairment of body function.

 2. In determining “serious impairment of body function,”, the definition adoption by the Michigan Courts is a useful one to be used in Pennsylvania:

  “The ‘serious impairment of body function’ threshold contains two inquiries:

  (a) What body function, if any, was impaired because of injures sustained in the motor vehicle accident?
  (b) Was the impairment of 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 particular body function impaired, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. An impairment need not be permanent to be serious.”

 3. An impairment involves more than the injury itself. The consequences of the injury must involve a serious impact for an extended period of time on a patient’s life.

 4. The impairment must interfere substantially with the patient’s normal activities and not impose only a mild or slight limitation.

 5. Serious must be understood as “significant” and “important” involving an injury with consequences that are more than just “minor”, “mild”, or “slight”.

 6. Impairment does not have to be permanent to be serious. However, will there be any future effects of the injury, e.g. will a patient develop arthritis, or will the patient be more susceptible to re-injury?

There may be other issues that arise when limited tort is an issue, such as whether the insured was properly informed of his or her choices and the consequences of full tort v. limited tort, and whether the insured signed off on the appropriate forms, in selcting their option.