Against an all girls religious high school for negligent supervision of a teacher who engaged in sexual conduct with a student on school property
Construction worker suffered serious brain injury after falling 20 feet due to lack of required fall protection
Against a University for Child Sexual Abuse
Against a psychiatric hospital for their failure to prevent a woman in their care from being sexually assaulted.
Against a religious organization because of their negligent supervision of a pedophile priest who sexually abused a child
Against a correctional facility for negligently supervising a guard that physically and sexually abused an inmate in their care
Against child protective services for their failures in preventing the sexual abuse of a child within their care and custody
Defective punch press machinery work accident case.
Dock worker run over by a forklift at a cruise ship terminal causing catastrophic injuries
Nail gun defect case that cause permanent injuries to a worker
Nail gun accident where nail gun discharged sideways resulting in a nail hitting user’s eye
DUI accident, bar alcohol liability & medical malpractice case in Philadelphia (January 2014)
Surgical infection, medical malpractice case in Philadelphia
Drugstore sidewalk fall accident, hip fracture with surgery, filed in Philadelphia
A union carpenter fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
A construction worker fell 20 feet because he was not provided with fall protection
A construction accident involving a union roofer who was working without fall protection and fell from a roof resulting in a permanent paraplegic injury
On the job injury to a union carpenter who fell through an interior mobile scaffold, suffering bilateral calcaneal fractures
A construction accident on the job involving a union roofer who was working without fall protection and fell from a roof resulting in permanent paraplegic injury
Factory supervisor’s hand was crushed at work due to faulty equipment/machine.
Worker sustained severe burn injuries as a result of an electrical explosion.
Chemical exposure causing burn and inhalation injuries to three union carpenters.
Work accident resulting in an above the knee amputation of the worker’s leg
Philadelphia Kimmel Center construction collapse causing catastrophic injuries
Parking garage collapse at an Atlantic City, New Jersey hotel, killing 4 and injuring 30 (largest construction accident settlement in U.S. history)
Stadium demolition accident which occurred when a front loader fell through a ceiling (Philadelphia, PA)
Forklift accident at marine terminal in New Jersey
Crane accident resulting in leg amputation and other injuries during casino construction (Philadelphia, PA)
Construction worker killed when he came into contact with an uncapped, live electrical wire
Injuries incurred in a workplace accident where plaintiff sustained severe burn injuries as a result of an electrical explosion
The electrocution death of a union electrician on the job, when electrical switch gear malfunctioned
Wrongful death of a union carpenter who died on the job after falling through temporary decking at a local bridge
Wrongful death of a tow truck driver who died on the job when he was accidentally run over by his own tow truck
Wrongful death by electrocution of a union electrician on the job, when electrical switchgear malfunctioned
Slip and fall at an airport
Fatal shooting of a tenant at an apartment complex
A woman violently attacked by bar security personnel without provocation
A horrific incident where a woman was killed after her apartment complex was demolished while she remained in the building
Slip and fall case where client suffered serious personal injuries from a fall
A car accident resulting in serious personal injuries to the plaintiff
A tragic case where a man suffered serious permanent injuries when a tree fell onto his car while he was driving along a public road in Bucks County, Pennsylvania
A car crash where the motor vehicle accident resulted in two passengers being killed and another injured, after a restaurant served too much alcohol to the driver of their vehicle
The on the job injury to a union carpenter who fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
Injuries on the job incurred by a factory supervisor when his hand was crushed at work due to faulty equipment
Injuries incurred in a workplace accident on the job where plaintiff sustained severe burn injuries as a result of an electrical explosion
An inadvertent release of dangerous chemicals at a local oil company, causing on the job burn and inhalation injuries to three union carpenters
Construction worker suffered serious brain injury after falling 20 feet due to lack of required fall protection
A construction accident on the job where union laborer was killed while working on the fourth floor of a building because there was no fall protection
Against an all girls religious high school for negligent supervision of a teacher who engaged in sexual conduct with a student on school property
Student sexually harassed and assaulted by high school teacher
Molestation case against sitting state court judge who admitted to the abuse, resigned from the bench and was then disbarred
negligent care of elderly man resulting in hip fractures after fall from hospital bed
negligent transection of common hepatic duct during surgery
71 year old man died due to an undiagnosed e-coli infection
Man died following improper diagnosis and treatment of endocarditis
A construction accident on the job involving union roofer who was working without fall protection and fell from a roof resulting in permanent paraplegic injury
A construction accident on the job involving union roofer who fell from a roof because there was no fall protection and suffered quadriplegia
Nail gun accident where nail gun discharged sideways resulting in a nail hitting user’s eye
Defective punch press machinery work accident case.
For a 67-year-old New Jersey man who suffered serious injury in a motor vehicle accident on the Atlantic City Expressway
For a child who was sexually abused by a clergy member
Union carpenter sustained serious shoulder injuries when he fell after stepping on another contractor’s debris (March 2015)
Against a Christian Board School and other defendants that allowed horrific acts of sexual and physical violence against the young children in their care.
The on the job injury to a union carpenter who fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
Wrongful death by electrocution of a union electrician on the job, when electrical switchgear malfunctioned
Man who was killed when his car fell off of a 3 floor parking garage due to defective vehicle barrier protection system
The collapse of a parking garage at the Tropicana Casino in Atlantic City that injured over 30 construction workers on the job and killed 4 men working on the project (largest construction accident settlement in U.S. history).
Against a fraternity for negligently serving alcohol which resulted in a stabbing assault of two frat party attendees
A workplace accident on the job resulting in below-the-knee amputation of the plaintiff’s right leg
An on the job injury where an union carpenter fell on a construction site and was injured because of defective fall protection equipment
A car crash resulting in a passenger suffering permanent quadriplegic injuries
Under Pennsylvania auto insurance law, Pennsylvania residents who purchase auto insurance policies are required to choose between “full tort” and “limited tort.” The key difference between the two is the ability to get compensation for physical injuries caused in an auto accident.
Full tort allows an insured party to obtain full compensation, most importantly, compensation for pain and suffering. Limited tort only allows an insured party to obtain full compensation (and pain and suffering) in certain circumstances. This selection effectively limits the ability to seek full monetary compensation after an auto accident. That’s why this selection is one of the most important decisions to make when buying car insurance in Pennsylvania. Most PA residents opt for limited tort because it means lower premiums. Section 1705 of the Motor Vehicle Financial Responsibility Law (MVFRL) enumerates Pennsylvania’s limited tort law. Click below for the relevant portions of the law.
Here’s an example which explains how the tort selection applies. Let’s say you have full tort and are injured in a car accident in Pennsylvania that occurs due to no fault of your own. You suffer some neck and back injuries that require treatment with a chiropractor and an orthopedic doctor. Because you have full tort, you can make a claim against the at-fault party for full compensation for your injuries and for your pain and suffering. A jury ultimately awards you $25,000, 90% of which is for your pain and suffering.
Now, if you had limited tort (and none of the exceptions to the limited tort rule applied), you could still make a claim against the at-fault party, but only for your economic losses, i.e., medical bills and lost wages. In this example, the limited tort selection prevents you from recovering over $20,000 for the pain and suffering caused by the accident and injuries.
Per the MVFRL and Pennsylvania court cases, there are multiple exceptions to the limited tort law. If an exception applies, the injured individual is basically deemed full tort and can therefore obtain full compensation for pain and suffering. The most common exceptions are:
Other less common exceptions involve situations where the at-fault driver was attempting to injure himself or another person at the time of the accident, or the injured person was riding in a commercial vehicle at the time of the accident. Limited tort does not apply to cases where the at-fault driver was uninsured. Also, limited tort does not apply to defective product injury cases, such as a products liability case against an auto manufacturer.
Related: Philadelphia Car Accident Law – Limited Tort and UIM/UM Claims (Part II)
The limited tort law is worded in such a way that it does not apply to cases where the injured individual suffers a “serious injury” which is defined by Section 1702 as “A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” Whether an injury is serious under the limited tort law depends on multiple factors:
More importantly, the focus is not on the injuries themselves, but how the injuries affected a particular bodily function. There is no requirement that the injury be permanent. The burden of proof lies with the injured person. If a court or jury determines that the injuries suffered in a car accident are serious, limited tort does not apply. The injured party can then obtain full compensation for pain and suffering. Broken bones, spinal injuries and head injuries are often determined to be serious injuries under the limited tort law. Click the link for an in depth discussion of what constitutes a serious injury in limited tort auto cases in Philadelphia.
Pennsylvania drivers are often driving their cars in New Jersey for summer vacations at the Jersey shore or work events. Does the tort selection (full or limited tort) apply when a Pennsylvania driver is injured in a car accident in New Jersey? The answer is relatively simple. New Jersey’s notorious “deemer statute” supersedes any tort election made on an out of state auto insurance policy. However, there is one major prerequisite – the injured party’s car insurance company must do business in New Jersey. If the accident occurs in New Jersey, the deemer statute provides up to $250,000 of PIP or medical benefits and in return, the injured driver is deemed limited tort. In other words, under New Jersey law, the PA driver’s tort election status does not apply.
Our accident lawyers handle auto accident cases throughout the state of Pennsylvania, including Philadelphia, Montgomery, Delaware and Bucks counties. Call our Philadelphia office for a free consultation.
Section 1705, Election of tort options (current as of September 2016)
(d) Limited tort alternative.–Each person who elects the limited tort alternative remains eligible to seek compensation for economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. Unless the injury sustained is a serious injury, each person who is bound by the limited tort election shall be precluded from maintaining an action for any noneconomic loss, except that:
(1) An individual otherwise bound by the limited tort election who sustains damages in a motor vehicle accident as the consequence of the fault of another person may recover damages as if the individual damaged had elected the full tort alternative whenever the person at fault:
(i) is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in that accident;
(ii) is operating a motor vehicle registered in another state;
(iii) intends to injure himself or another person, provided that an individual does not intentionally injure himself or another person merely because his act or failure to act is intentional or done with his realization that it creates a grave risk of causing injury or the act or omission causing the injury is for the purpose of averting bodily harm to himself or another person; or
(iv) has not maintained financial responsibility as required by this chapter, provided that nothing in this paragraph shall affect the limitation of section 1731(d)(2) (relating to availability, scope and amount of coverage).
(2) An individual otherwise bound by the limited tort election shall retain full tort rights with respect to claims against a person in the business of designing, manufacturing, repairing, servicing or otherwise maintaining motor vehicles arising out of a defect in such motor vehicle which is caused by or not corrected by an act or omission in the course of such business, other than a defect in a motor vehicle which is operated by such business.
(3) An individual otherwise bound by the limited tort election shall retain full tort rights if injured while an occupant of a motor vehicle other than a private passenger motor vehicle.
Our attorneys have stood up to the largest insurers in New Jersey and Pennsylvania. We understand the tricks and know how to demand maximum compensation for our clients. There is nothing more important.
Paul Bucci, Esq.
Because construction sites are busy places, multiple parties may be held liable for a construction accident injury. Injured workers have the legal right to seek compensation for negligence committed by general contractors, subcontractors, owners, architects, etc.
“Fantastic” Paul provided an exceptional level of service.
Philadelphia, Pennsylvania
1100 Ludlow Street, Suite 300
Philadelphia, Pennsylvania 19107
(215) 399-9255