Thomas Gibbons

HI, folks. Tom Gibbons here with Gibbons Legal, P.C. I’m here with my best friend, Jude Gibbons, and he has a question for me.

Jude: “Hey, Dad. What’s limited tort?”

Dad: “That is an outstanding question, young man!”

You see, when you purchase car insurance here in Pennsylvania, you’re required to choose between the full tort option and the less expensive limited tort option. Both of these have to do with your rights to get paid for your pain and suffering.

Under the more expensive full tort option, all we have to prove is that you suffered some sort of injury in the accident. Of course, the value of that injury depends on its severity and how it’s effected your lifestyle.

Under the less expensive limited tort option, we have to prove you suffered a serious injury. What is a serious injury? Well, the courts have defined it as an injury that results in your death, serious disfigurement (which usually involves scarring to the face), or serious impairment of a body function.

The serious impairment of a body function is really the most often applied standard. Unfortunately, it’s also the most subjective. What do I mean by subjective? I mean it’s up to the individual interpretation of the person evaluating your claim. I always liken it to the old adage beauty is in the eye of the beholder. What I may think is beautiful, you may think is ugly. What you may think is beautiful, I may think is ugly. It’s up to our individual interpretation.

When evaluating whether someone pierces this limited tort threshold, or whether they’re entitled to money for their pain and suffering, there are a number of factors we look at, the most important of which is how it’s effected your lifestyle.

WORK: Have you been able to keep working? Have your hours been cut back? Have you lost overtime? Has your employer had to hire a helper to help get you through the day?

HOME LIFE: We also look into how it’s effected your home life. Have you been able to continue with your daily chores? Cooking? Cleaning? Gardening? Grocery shopping? Taking care of your children? Taking care of sick parents or other family members?

SOCIAL LIFE: We also look at how it’s effected your social life. Have you been able to continue enjoying your life as you did before the accident? Going bowling? Going to the movies? Go for nice walks on the beach? Going out to restaurants? Sky diving? Paragliding? Skeet shooting? Rock Climbing? Whatever it you’re into – have your injuries that you suffered in the accident made it more difficult for you to enjoy those activities after the accident.

When we’re dealing with limited tort, the injury is only half the battle. What’s more important is how those injuries have effected your lifestyle.

Now please understand that when it comes to having full tort or limited tort, it again only applies to your rights to get paid for your pain and suffering. Any economic losses you have – lost wages, unpaid medical bills, and other out-of-pocket expenses – are recoverable (reimbursable) regardless of whether you have full tort or limited tot.

Thanks for watching. I hope you learned something.

Don't settle for a lawyer who only knows how to settle.

GOT HURT? GET GIBBONS!

Thomas J. Gibbons, Esquire
Licensed in PA and NJ
Master's Degree in Trial Law (with Honors)
Pennsylvania Super Lawyers: Rising Star
Rue Ratings: The Best Attorneys of America
The National Trial Lawyers: Top 40 Under 40
The National Trial Lawyers: Top 100 Trial Lawyers
American Academy of Trial Attorneys: Premier 100
Million Dollar Advocates Forum: The Top Trial Lawyers In America
American Institute of Personal Injury Attorneys: Top 10 in Pennsylvania

Gibbons Legal, P.C.
1845 Walnut Street, 25th Floor
Philadelphia, PA 19103

Phone: (215) 569-1455
Facsimile: (215) 525-1199
E-mail: tom@gibbonslegal.com

Website: www.gibbonslegal.com

Tom Gibbons of Gibbons Legal, P.C. in Philadelphia, PA gets $490,000 for James McKenna, who claims his neck was broken by Philadelphia Police during a "nickel ride." The settlement, which is just $10,000 below the maximum allowed under Pennsylvania law, comes roughly 18 months after McKenna's civil rights lawsuit was withdrawn from federal court. McKenna was represented by another law firm in that case.

For more on the story:

Philadelphia Inquirer - $490,000 Settlement for Man Who Said Neck Was Broken in Police Van (By: Craig R. McCoy): http://articles.philly.com/2014-09-25/news/54284360_1_police-van-neck-off-duty-officer

Philadelphia Inquirer - After $490,000 Settlement, Phila. to Review Safety of Police Wagons (By: Craig R. McCoy): http://articles.philly.com/2014-10-08/news/54742449_1_police-internal-affairs-unit-police-department-center-city-bar

Fox 29 News - FOX 29 Investigates (with Jeff Cole): Man Claims Cops Gave Him "Nickel Ride": http://www.myfoxphilly.com/story/26725278/fox-29-investigates-man-claims-cops-gave-him-nickel-ride

Don't settle for a lawyer who only knows how to settle.

GOT HURT? GET GIBBONS!

Thomas J. Gibbons, Esquire
Licensed in PA and NJ
Master's Degree in Trial Law (with Honors)
Pennsylvania Super Lawyers: Rising Star
Rue Ratings: The Best Attorneys of America
The National Trial Lawyers: Top 40 Under 40
The National Trial Lawyers: Top 100 Trial Lawyers
American Academy of Trial Attorneys: Premier 100
Million Dollar Advocates Forum: The Top Trial Lawyers In America
American Institute of Personal Injury Attorneys: Top 10 in Pennsylvania

Gibbons Legal, P.C.
1845 Walnut Street, 25th Floor
Philadelphia, PA 19103

Phone: (215) 569-1455
Facsimile: (215) 525-1199
E-mail: tom@gibbonslegal.com

Website: www.gibbonslegal.com

Hi, folks. Tom Gibbons here with Gibbons Legal P.C. A lot of people ask me whether they should go to the emergency room after a car accident. The simple truth of it is that if you're hurt in the accident, and you need to the emergency medical care, you should go. If you're not hurt in the accident, or you simply don't need emergency treatment, than don't go.

The next question is always "but who's going to pay for it?" Well, when you purchase car insurance in Pennsylvania, you're also purchasing health insurance for accident-related treatment. It's called first-party medical benefits; sometimes called personal injury protection (PIP). And that coverage means your own insurance company will pay for your accident-related treatment up to the dollar figure of the insurance coverage you've purchased. If you seek treatment for something unrelated to the accident, like the flu, your insurance company won't pay for it.

As always, should you have any questions or concerns, you're more than welcome to call me at 215-569-1455. Or you can e-mail me at tom@gibbonslegal.com.

Thanks for listening, and I hope you've learned something.

Don't settle for a lawyer who only knows how to settle.

GOT HURT? GET GIBBONS!

Thomas J. Gibbons, Esquire
Licensed in PA and NJ
Master's Degree in Trial Law (with Honors)
Pennsylvania Super Lawyers: Rising Star
Rue Ratings: The Best Attorneys of America
The National Trial Lawyers: Top 40 Under 40
The National Trial Lawyers: Top 100 Trial Lawyers
American Academy of Trial Attorneys: Premier 100
Million Dollar Advocates Forum: The Top Trial Lawyers In America
American Institute of Personal Injury Attorneys: Top 10 in Pennsylvania

Gibbons Legal, P.C.
1845 Walnut Street, 25th Floor
Philadelphia, PA 19103

Phone: (215) 569-1455
Facsimile: (215) 525-1199
E-mail: tom@gibbonslegal.com

Website: www.gibbonslegal.com

Every day I get calls from car accident victims telling me they have great insurance because they have "full coverage." But what does that mean? Well, in Pennsylvania, it simply means that you have the required liability insurance and also the optional property damage coverage. Property damage coverage, which the insurance companies call "collision coverage," simply means that your insurance company will pay for your property damage in the event that you caused the accident, the other insurance company refused to pay for it, or the other driver simply didn't have insurance in the first place. It has nothing to do with your right to recover money for your personal injuries.

As always, should you have any questions or concerns, you're more than welcome to call us at 215-569-1455. Or you can e-mail me at tom@gibbonslegal.com.

Thanks for listening; hope you learned something.


Don't settle for a lawyer who only knows how to settle.

GOT HURT? GET GIBBONS!

Thomas J. Gibbons, Esquire
Licensed in PA and NJ
Master's Degree in Trial Law (with Honors)
Pennsylvania Super Lawyers: Rising Star
Rue Ratings: The Best Attorneys of America
The National Trial Lawyers: Top 40 Under 40
The National Trial Lawyers: Top 100 Trial Lawyers
American Academy of Trial Attorneys: Premier 100
Million Dollar Advocates Forum: The Top Trial Lawyers In America
American Institute of Personal Injury Attorneys: Top 10 in Pennsylvania

Gibbons Legal, P.C.
1845 Walnut Street, 25th Floor
Philadelphia, PA 19103

Phone: (215) 569-1455
Facsimile: (215) 525-1199
E-mail: tom@gibbonslegal.com

Website: www.gibbonslegal.com