A Misconception About Limited Tort Cases: What is the meaning of serious or permanent injury?

Our firm recently obtained a six-figure settlement for a limited tort case, in which a woman was injured as a result of a car accident. The firm’s philosophy is not always to accept limited tort cases because it is very difficult to say at the initial interview whether the individual’s injury will overcome the presumption of the limited tort. The injured individual should not be afraid to call us or any other lawyers, as the initial consultation is free and our firm is representing the client on a contingent fee basis. Meaning that there will never be a charge to the client unless we achieve the recovery and receive money for the client.

 
Our firm will do everything possible to make sure the client gets the recovery they deserve in a limited tort case. We listen to our clients to represent them diligently. We obtain, at no upfront cost to the client, all the medical bills and reports. We have an extensive discussion with the client on how the accident affected their life and try to develop a comprehensive picture of how the client is suffering as a result of the accident.
It is a big misconception that many people are told that you need to have fractured bones in order to overcome a limited tort presumption. It is simply not true.

 
In order to overcome a limited tort case, what that statute says you have to have is a serious or permanent injury. There is no definition in that statute of the meaning of serious or permanent. Therefore is it between a client and lawyer to see if a case could be developed into something that should be pursued in court or settled with the insurance company. Or perhaps the lawyer will tell the client where there is no chance of victory. Our firm has a weekly meeting where we have that discussion amongst our selves as to the viability of the clients case. If we decide to take the case to trial, our firm is usually successful in securing a win for our client. Of course there is no guarantees and any past results are not a reflection of what could happen in the future. But I encourage everyone who has a car accident to call us whether they have a limited tort or full tort.

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