Monday, June 10, 2013

plaintiff suffered injuries in an auto accident

This plaintiff suffered injuries in an auto accident. Unfortunately, at end of our conversation I learned Mrs. Mbah has limited tort auto insurance.  Based on the description of the accident and injuries involved, I explained it would be very difficult to prove Mrs. Mbah or any of her children suffered a “serious injury”.  In PA, an individual injured in a motor vehicle accident insurance is unable to recover non-economic damages if they carry limited tort insurance unless they prove an impairment of bodily function or serious permanent disfigurement.  The injuries described to me are for the most part likely soft tissue, i.e. neck sprain or strain.  This and the fact the accident occurred at a low speed while Mrs. Mbah’s vehicle was stopped and the second vehicle backing out of parking space would not help to overcome the serious injury threshold.

The plaintiff seemed to understand my explanation of the limited tort issue.  She does understand we would not accept her case.   I apologize that I did not tell Plaintiff that NAPIL would look for another attorney who might take the case, or at least agree to accept the case and monitor whether the injuries turn out to be more severe.    I will call her again today and refer her back to you.

Thank you again for considering our office for the referral.  

6 comments:

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