Will a Herniated Disc Overcome Limited Tort

Whether a herniated disc will overcome limited tort in Pennsylvania is a question for the jury.

Pennsylvania limited tort law does not specify any specific injuries which automatically qualify someone for a limited tort exception and, likewise, it does not list any specific injuries which are automatically excluded from qualifying as a limited tort exception.

Instead, Pennsylvania law,requires the injured party to prove that he or she suffered a serious injury that had a substantial impact on a bodily function. A jury will be instructed to consider what bodily function was impaired because of the injuries, how serious that impairment was, and how serious it is likely to be in the future.

In Pennsylvania, it is not the particular injury that matters for purposes of limited tort but rather the effect of that injury on a person's life. In some cases, a herniated disc may not meet the limited tort exception threshold and in other cases, the herniated disc may permit a recovery.

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