Pennsylvania limited tort law does not provide exceptions for any specific injuries.
However, while there is no explicit exception for traumatic brain injuries, traumatic brain injuries may overcome limited tort in PA because of the nature of the illness.
You will be able to recover full damages for traumatic brain injury if you can prove that the traumatic brain injury was a serious injury that had a substantial impact on a bodily function.
Generally, the court is going to want to hear not just that you suffered a traumatic brain injury but how the traumatic brain injury impacted your life. Medical testimony will likely be necessary to describe the extent of the injury and its likely impact on your future.
Other evidence that goes to:
- The extent of your impairment,
- The length of time your impairment lasted or is expected to last,
- The medical and rehabilitation treatment required to correct or minimize the effects of the impairment, and
- Other relevant factors will also be heard and is important to the courtís determination.
Do you know someone who suffered a traumatic brain injury and overcame limited tort? If you do, then please share this page with that person so that her or she can have a better understanding of his or her legal rights and the potential recovery available for a full recovery after a traumatic brain injury.