Pennsylvania Laws

How to Calculate the Value of Your Case

Some practitioners estimate the value of a personal injury case by multiplying the amount of special damages or economic damages by a factor of three (3), five (5) or even ten (10). This practice is archaic and seldom used. The truth is that there is no mathematical formula to precisely calculate the value of your personal injury case. Nonetheless, this should give you some idea of the factors which are important in valuing your case. Remember, every case is different and by no means should you rely on this list without consulting with an experienced personal injury attorney regarding the specific facts of your case.

Limited Tort vs. Full Tort

  1. If you selected "limited tort" when you purchased your automobile insurance and you don't meet one of the exceptions, you may only recover economic damages.
  2. If you selected "full tort" when you purchased your automobile insurance you may recover both economic and non-economic damages.

Liability

  1. If you are more than 50% at fault, your case is worth $0.00.
  2. If you are less than 50% at fault, you can still recover, however, the value of your case will be reduced by your percentage of fault.  This is known as "comparative negligence".

Economic damages

  1. Lost wages - You may recover wages you lost from the date of loss to trial as a result of your accident related injuries, as well as those wages you will lose in the future. This includes any sick days, vacation time and personal days you may have used.
  2. Lost earning capacity - This refers to the amount of reduction in earnings you sustained because your ability to earn has been impaired.
  3. Medical bills - Some medical bills can be recovered, some cannot. Medical treatment must be related to the injuries caused in the accident. Medical bills must be reasonable and in the case of an automobile accident, Pennsylvania law requires the bills to be reduced in accordance with Act 6. If your case involves an injury you sustained on the job, Workers Compensation may assert a lien. If your private health insurance is an ERISA plan, it may assert a lien.
  4. Future medical expenses - These may be recoverable if you can show that you will require medical treatment in the future such as a future back surgery.
  5. Property damage - The value of property that was damaged.

Non-economic damages

  1. Pain and suffering - Physical pain and suffering as a result of accident related injuries. In wrongful death actions, experts are often used to determine whether the victim was able to perceive pain and suffering before dying. This is referred to as conscious pain and suffering.
  2. Mental anguish - Recovery for mental and emotional injury as a result of an accident or injury.
  3. Loss of consortium - The spouse of the injured party is entitled to be compensated for past, present and future loss of the injured party's comfort, support, assistance and companionship.

Limited Tort and Full Tort Explained

When purchasing automobile insurance, you will have the option of selecting "limited tort" or "full tort". The option you select may have consequences down the road by potentially limiting the amount of damages you can recover. An easy way to remember the difference between limited tort and full tort is:

  • Limited tort = limited right to sue (you can recover for economic damages only).
  • Full tort = full right to sue (you can recover for economic and non-economic damages).

How do you know whether you are limited tort or full tort? Simply check your insurance policy declarations. Here is a sample insurance policy declarations form.

Exceptions To Limited Tort In Pennsylvania

If you sustain injuries in an automobile accident in Pennsylvania and are covered by a policy of insurance wherein the limited tort option was selected, generally, your right to sue is limited to recovering for economic damages only. However, there are several exceptions.

  1. Serious impairment threshold - if your injuries are such that you suffer a serious impairment of one or more body function, you may be able to recover non-economic damages. An injury that may constitute a serious impairment to one person may not constitute a serious impairment for another. For example, if a surgeon loses a finger in a car accident this would likely constitute a serious impairment of body function, however, such would not be the case for a school teacher.
  2. If the person who caused the accident:
  • is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in that particular accident
  • is operating a motor vehicle registered in another state
  • intends to injure himself or another person
  • has not maintained financial responsibility (auto insurance)

3. If  your claim  is against a person in the business of designing, manufacturing, repairing, servicing or otherwise maintaining motor vehicles  and the claim arises out of a defect in the motor vehicle which is caused by, or not corrected by, an act or omission in the course of such business. 

4. If you are injured while an occupant of a motor vehicle other than a private passenger motor vehicle.    

Rear-end Collisions

75 Pa.C.S.A. §3310 - Following Too Closely

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.

75 Pa.C.S.A. §3361 - Driving Vehicle At Safe Speed

No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead.

Intersectional Collisions

75 Pa.C.S.A. §3111 - Obedience To Traffic Control Devices

Unless otherwise directed by a uniformed police officer or any appropriately attired person authorized to direct, control or regulated traffic, the driver of any vehicle shall obey the instructions of any applicable official traffic-control device placed or held in accordance with the provisions of this title, subject to the privileges granted the driver of an emergency vehicle in this title.

75 Pa.C.S.A. §3112(a)(3)(i) - Traffic Control Signals

Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line, or if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subparagraph (ii).

Accidents Involving Speeding

75 Pa.C.S.A. §3362 - Maximum Speed Limits

Except when a special hazard exists that requires a lower speed for compliance with 75 Pa.C.S.A. §3361 (relating to driving vehicle at safe speed), no person shall drive a vehicle in excess of the maximum lawful speed limit.

Accidents Involving Careless Driving/Reckless Driving

75 Pa.C.S.A. §3714 - Careless Driving

As a general rule, any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving which is a summary offense.

  • If careless driving results in the unintentional death of another person, the driver shall, upon conviction, be sentenced to pay a fine of $500.00.
  • If careless driving results in serious bodily injury of another person, the driver shall, upon conviction, be sentenced to pay a fine of $250.00.
  • "Serious bodily injury" under this statute is defined as any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

75 Pa.C.S.A. §3736 - Reckless Driving

As a general rule, any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

Accidents Involving Driving Under the Influence (DUI)

75 Pa.C.S.A. §3802 - Driving Under The Influence Of Alcohol Or Controlled Substance

  1. (1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
  2. (2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

75 Pa.C.S.A. §3735 - Homicide By Vehicle While Driving Under The Influence Of Alcohol Or Controlled Substances

Any person who unintentionally causes the death of another person as the result of a violation of 75 Pa.C.S.A. §3802 and who is convicted of violating 75 Pa.C.S.A. §3802 is guilty of a felony of the second degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three (3) years. A consecutive three (3) year term of imprisonment shall be imposed for each victim whose death is the result of the violation of 75 Pa.C.S.A. §3802.

75 Pa.C.S.A. §3735.1 - Aggravated Assault By Vehicle While Driving Under The Influence

Any person who negligently causes serious bodily injury to another person as the result of a violation of 75 Pa.C.S.A. §3802 and who is convicted of violating 75 Pa.C.S.A. §3802 commits a felony of the second degree when the violation is the cause of the injury.

"Serious bodily injury" under this statute is defined as any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

75 Pa.C.S.A. §3732 - Homicide By Motor Vehicle

This offense is defined as: Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except 75 Pa.C.S.A. §3802, is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.

Accidents Involving Death or Personal Injury

75 Pa.C.S.A. §3742 - Accidents Involving Death Or Personal Injury

As a general rule, the driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of 75 Pa.C.S.A. §3744 (relating to duty to give information and render aid).

This statute imposes different penalties depending on whether the accident victim dies or sustains serious bodily injury. "Serious bodily injury" is defined as any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

75 Pa.C.S.A. §3746 - Immediate Notice Of Accident To Police Department

As a general rule, the driver of a vehicle involved in an accident shall immediately by the quickest means of communication give notice to the nearest office of a duly authorized police department if the accident involves (1) injury or death of any person, or (2) damage to any vehicle involved to the extent that it cannot be driven under its own power in its customary manner without further damage to the vehicle, other traffic elements, or the roadway, and therefore requires towing.

75 Pa.C.S.A. §3747 - Written Report Of Accident By Driver Or Owner Of Vehicle

As a general rule, if a police officer does not investigate an accident required to be investigated under 75 Pa.C.S.A. §3746, the driver of a vehicle which is in any manner involved in the accident shall, within five (5) days of the accident, forward a written report of the accident to the police department.

Accidents involving Tractor Trailers

75 Pa.C.S.A. §3716 - Accidents Involving Overturned Vehicles

If a commercial motor vehicle overturns in an accident resulting from a violation of 75 Pa.C.S.A. §3361, 75 Pa.C.S.A. §3362, 75 Pa.C.S.A. §3714, or 75 Pa.C.S.A. §3802, the operator of the vehicle shall, upon conviction of ony of the aforementioned offenses, be sentenced to pay a fine of $2,000.00, in addition to any other penalty authorized by law.

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