Limited Tort vs. Full Tort in Pennsylvania: Did You Accidentally Give Up Your Right to Recover?

At Cooper Schall & Levy, we’ve represented countless clients across Pennsylvania whose lives changed in an instant because of a car crash or other motor vehicle accident. Over decades of advocating for injured victims, we’ve seen time and again how a simple choice at the time of purchasing an auto insurance policy — Limited Tort vs. Full Tort — can dramatically affect your rights down the road.

Here’s what you need to know:

What Is Full Tort?

Full Tort coverage preserves your full legal rights after a motor vehicle accident. With Full Tort, you can pursue compensation not only for economic losses (medical bills, lost wages, property damage) but also for non-economic damages — such as pain and suffering, emotional distress, loss of enjoyment of life, lasting impairment or disfigurement, and other intangible but real harms.

Full Tort offers the broadest path to recovery: if you’re injured due to someone else’s negligence, you don’t have to first prove “serious injury” before seeking full compensation. Because of this comprehensive protection, Full Tort policies generally cost more.

What Is Limited Tort?

Limited Tort is an option many drivers in Pennsylvania select — often because of reduced premiums. But with that lower cost comes a significant limitation: under Limited Tort you typically give up your right to recover non-economic damages (like pain and suffering), unless your injuries meet certain legal thresholds.

Under Limited Tort, compensation for non-economic damages is usually only available if:

  • you suffered a serious and permanent injury or significant loss of bodily function, or

  • you fall under certain statutory exceptions (for instance, if the at-fault driver was intoxicated or the collision involved a commercial vehicle, pedestrian, or motorcyclist).

Because insurance companies control much of the claims process, many Limited Tort claimants never realize how severely their recovery is restricted — until they try to press a claim.

Did You (or Someone You Love) Accidentally Limit Your Rights?

We’ve encountered many clients who were too late in realizing they chose Limited Tort — sometimes at purchase, sometimes at renewal — without a full understanding of what that meant.

Some red flags suggesting you may have inadvertently given up critical rights:

  • Your policy premium seemed unusually low compared to similar cars.

  • You were never properly advised about the differences between Tort options.

  • You’ve been injured and now face mounting medical bills — but your insurer or the at-fault party says you’re not eligible for pain and suffering or other non-economic compensation.

If this sounds like your situation, don’t assume you’re out of options.

Where Cooper Schall & Levy Can Help — Even With Limited Tort

Even if you selected Limited Tort, there may still be a path to compensation — especially with experienced legal help. At Cooper Schall & Levy, we:

  • Examine the details of your accident and injuries to assess whether they meet the “serious injury” standard under Pennsylvania law.

  • Determine whether any statutory exceptions apply (e.g. intoxicated or uninsured drivers, commercial vehicles, pedestrians, motorcyclists, etc.).

  • Fight aggressively against insurance companies that attempt to deny or undervalue claims.

  • Help you recover all damages you deserve — economic and non-economic — whether through negotiation or, if needed, through trial.

Your insurance choice doesn’t always have to be your permanent barrier.

Don’t Wait — Get a Free Policy & Case Review Today

If you’ve been involved in an accident, or you simply don’t remember whether your policy is Limited Tort or Full Tort, speak with us at Cooper Schall & Levy for a no-obligation consultation. We can review your policy, examine your injuries, and explain your rights — even if the insurance company is telling you otherwise.

Because when it comes to your recovery, full protection matters.

Proving Lost Wages and Future Earning Capacity After a Car Accident

Car accidents can leave victims facing not just medical bills but also lost income. In serious cases, injuries may permanently limit a person’s ability to work. That’s why proving lost wages and future earning capacity is a critical part of an auto accident claim.

What Are Lost Wages?
Lost wages include the income you missed while recovering—salary, overtime, bonuses, and even benefits. Documentation such as pay stubs, tax returns, and employer statements provide proof.

Understanding Future Earning Capacity
Future earning capacity refers to your long-term ability to earn an income. For example, a construction worker who suffers permanent back injuries may no longer be able to perform physical labor. Vocational experts and economists often testify to calculate these losses.

Why Insurance Companies Resist Paying
Insurers typically focus on short-term expenses and undervalue long-term losses. Without legal representation, victims may settle for far less than they need to cover future financial hardship.

How Our Firm Strengthens These Claims
At Cooper Schall & Levy, P.C., we partner with financial experts, vocational specialists, and medical professionals to prove both current and future income losses. Our attorneys have successfully secured substantial compensation for accident victims throughout Philadelphia and surrounding communities.

Conclusion
Your financial future matters. If your ability to work has been impacted by a car accident, contact Cooper Schall & Levy, P.C. today. We’ll fight for the full value of your claim—including lost wages and future earning potential.

The Role of Expert Witnesses in Strengthening Your Injury Case

In personal injury and medical malpractice claims, strong evidence often requires more than just medical records and witness testimony. Expert witnesses can provide specialized knowledge that helps juries and insurance companies understand the true cause and impact of an injury.

What Is an Expert Witness?
An expert witness is a professional with specialized knowledge who explains technical issues in a case. Their testimony can bridge the gap between complex facts and legal arguments.

Types of Expert Witnesses in Injury Cases

  • Medical experts: Explain how an accident or malpractice caused the injury.

  • Accident reconstructionists: Recreate crashes to clarify fault.

  • Vocational experts: Assess how injuries impact future employment.

  • Economists: Calculate long-term financial losses and future earning capacity.

Why Expert Testimony Matters
Insurance companies often downplay injuries or argue that damages are exaggerated. Expert witnesses bring credibility and clarity, strengthening negotiations and, if necessary, trial presentations.

How Cooper Schall & Levy, P.C. Uses Experts
Our attorneys partner with leading specialists to present the strongest case possible. These experts have helped us secure multi-million-dollar awards for clients in Philadelphia and across Pennsylvania and New Jersey.

Conclusion
Expert witnesses can make the difference between a weak claim and a successful case. If you’ve been injured, trust Cooper Schall & Levy, P.C. to bring in the right experts and fight for the compensation you deserve. Contact us today for a free consultation.

The Importance of Medical Records in Auto Accident Claims

After a serious car accident, medical records often serve as the most powerful evidence in your personal injury case. They connect your injuries directly to the crash and help establish the compensation you deserve.

Why Medical Records Matter
Insurance companies frequently question the severity or cause of injuries. Thorough medical records create an undeniable link between the accident and your condition, documenting both the immediate and long-term effects.

What Records Should Include

  • Emergency room evaluations.
  • Diagnostic tests like X-rays, MRIs, and CT scans.
  • Physician notes and treatment plans.
  • Records of follow-up care and rehabilitation.
  • Expert medical opinions linking injuries to the accident.

Common Mistakes Victims Make

  • Delaying medical treatment.
  • Skipping appointments.
  • Failing to disclose pre-existing conditions.

Each of these can weaken your claim and give insurers the opportunity to argue against full compensation.

How Our Attorneys Use Medical Documentation
The attorneys at Cooper Schall & Levy, P.C. work closely with physicians and expert witnesses to ensure your medical records are complete and compelling. This evidence has helped us achieve multi-million-dollar verdicts and settlements for accident victims across Philadelphia, Drexel Hill, and beyond.

Conclusion
Medical records are the foundation of a strong car accident claim. If you’ve been injured, don’t risk gaps in your documentation. Contact Cooper Schall & Levy, P.C. today to protect your health and your legal rights.

The Hidden Dangers of Delayed Injury Symptoms After an Accident

After a car accident, it’s natural to feel shaken, overwhelmed, and eager to move on. Many people believe that if they don’t feel immediate pain, they’ve escaped serious injury. Unfortunately, this assumption can be dangerous. Some of the most severe accident-related injuries don’t appear until hours—or even days—after a crash.

Why Do Injury Symptoms Get Delayed?
During an accident, your body releases adrenaline and endorphins that can mask pain. Once these hormones subside, symptoms often begin to surface. Additionally, certain injuries take time to worsen before they become noticeable.

Common Delayed-Onset Injuries

  • Whiplash and soft tissue injuries: Stiffness, headaches, and reduced mobility may not appear until days later.

  • Concussions and traumatic brain injuries: Symptoms like dizziness, confusion, and memory loss may be subtle at first.

  • Internal bleeding or organ damage: Can cause abdominal pain, nausea, or fainting hours after the crash.

  • Spinal injuries: Numbness or tingling in the limbs may develop gradually.

Why Immediate Medical Attention Matters
Even if you feel fine after a collision, seeking prompt medical care is critical. A doctor can detect injuries that are not yet visible or painful, helping you avoid life-threatening complications. Additionally, early medical documentation protects your legal claim by linking injuries directly to the accident.

Legal Implications of Delayed Symptoms
Insurance companies may argue that your injuries are unrelated to the accident if you delay treatment. This can severely limit your ability to recover damages. That’s why it’s essential to seek medical attention and legal guidance as soon as possible.

How Cooper Schall & Levy, P.C. Can Help
At Cooper Schall & Levy, P.C., we have helped countless accident victims in Philadelphia and across Pennsylvania and New Jersey whose injuries only became apparent days after their crashes. Our attorneys know how to gather medical evidence, work with experts, and push back against insurers who try to deny legitimate claims.

Conclusion
Don’t assume that a lack of immediate pain means you’re unharmed after an accident. If symptoms appear hours or days later, your health—and your legal rights—may be at risk. Contact Cooper Schall & Levy, P.C. today for a free consultation. We fight for victims across Pennsylvania and New Jersey to ensure they receive the compensation they deserve.

Understanding Comparative Negligence in Car Accident Cases

Car accidents are rarely clear-cut. In Pennsylvania and New Jersey, more than one driver may share some responsibility for a crash. When this happens, comparative negligence laws determine whether you can recover compensation—and how much.

What Is Comparative Negligence?
Comparative negligence is a legal rule that assigns percentages of fault to each party. In Pennsylvania, you may recover damages as long as you are found less than 51% responsible. However, your recovery is reduced by your share of fault. For example, a $100,000 award becomes $80,000 if you are 20% at fault.

Why Insurance Companies Push Fault
Insurers often try to shift a greater portion of the blame onto accident victims to minimize payouts. Without experienced legal representation, you may accept less than what you deserve.

Examples of Shared Fault

  • A driver speeds through an intersection while another fails to yield. 
  • A rear-end crash where the front driver’s brake lights were broken. 
  • A pedestrian jaywalks, but the driver was texting at the time. 

Each case requires careful investigation, accident reconstruction, and sometimes expert testimony to properly assign fault.

How an Attorney Protects You
At Cooper Schall & Levy, P.C., our attorneys gather police reports, eyewitness accounts, medical documentation, and expert analysis to minimize your assigned fault and maximize your recovery. Our proven track record includes multi-million-dollar verdicts for accident victims throughout Philadelphia and the surrounding counties.

Conclusion
If you’ve been injured in a car accident in Pennsylvania or New Jersey, don’t let insurance companies unfairly assign blame. Contact Cooper Schall & Levy, P.C. today for a free consultation and let us fight to protect your rights.

How to Document a Car Accident: A Legal Guide

The steps you take immediately after a car accident can significantly impact your injury claim. Proper documentation preserves crucial details that support your case.

Take Photos and Videos
Capture all vehicle damage, injuries, road conditions, and traffic signals. Include wide shots and close-ups.

Gather Information
Collect names, phone numbers, insurance information, and license plate numbers from all drivers involved. Speak to witnesses and note their statements.

Request Official Records
Ask for a copy of the police report and check if any nearby businesses or homes have surveillance footage.

Write Down Your Account
Jot down everything you remember about the accident while it’s still fresh. These notes can be helpful in legal discussions.

Need help building your case? Our team is ready to assist with every detail of your accident claim.

Injured in an Uber or Lyft? What You Should Know

Rideshare services offer convenience, but accidents can complicate who is legally responsible. Knowing your rights as a passenger in a rideshare vehicle is essential.

Insurance Coverage Tiers
Uber and Lyft provide insurance coverage that varies depending on the ride status—whether the driver is waiting for a ride, en route to pick up a passenger, or actively transporting someone.

Who Can You Sue?
Depending on fault, you may have a claim against the rideshare driver, another driver, or the rideshare company’s insurer.

Steps to Take After a Rideshare Accident
Call 911, collect contact and insurance info, and take screenshots of your ride details in the app. Seek medical care immediately.

Why Legal Help Matters
Rideshare accidents often involve multiple insurance policies. We can help you navigate your claim and ensure no detail is overlooked.

Who’s Liable When Weather Causes a Car Accident?

Inclement weather contributes to thousands of accidents each year—but bad weather alone doesn’t eliminate liability. Drivers still have a duty to operate their vehicles safely.

Driver Responsibility
In poor conditions, drivers must slow down, increase following distance, and use headlights. Failing to adjust to weather is considered negligence.

When Other Parties May Be Liable
Sometimes, poor road maintenance—like unplowed snow or potholes—can contribute to an accident. In those cases, municipalities or contractors might share liability.

Proving Fault in Bad Weather
Documenting road conditions, vehicle speed, and dash cam footage can help determine fault. Eyewitness statements are also valuable.

Talk to a Legal Professional
If you’ve been in a weather-related crash, we can evaluate the circumstances and help you pursue the compensation you’re entitled to.

Injured as a Passenger? Here’s What You Should Know

Being a passenger in a vehicle accident doesn’t mean you’re without legal options. In fact, you may be entitled to compensation from one or more parties involved in the crash.

Your Rights as a Passenger
As a non-driving party, you’re generally not considered at fault. You can file a claim against the driver of your vehicle, the other driver, or both, depending on the circumstances.

Collecting Evidence
Even as a passenger, you should collect the same evidence as a driver—photos, insurance details, and witness information. Request a copy of the police report and seek immediate medical attention.

Insurance Considerations
You may be covered by the at-fault driver’s liability insurance or your own personal injury protection (PIP) policy. Navigating these options can be complex.

Legal Support Is Key
Having a personal injury attorney ensures you avoid common pitfalls and receive fair compensation. Let us guide you through the process.