Q. My auto insurance policy shows that I have chosen the "Full Tort" option. What is that?

A. Drivers must choose between "Full Tort" and "Limited Tort" coverage when they purchase auto insurance. Full tort coverage allows you to collect money damages for pain and suffering from the party who injured you. In most instances you may only collect for your economic losses, which would include work loss and out of pocket medical expenses if you choose "Limited Tort" coverage. Therefore, you should always choose the "Full Tort" option.

Q. If I'm injured on someone's property and suffer an injury, can I sue?

A. Only if your fall was caused by the negligence of the property owner on whose property you fell. You do not automatically have a case simply because you fell. Your lawyer must prove that you fell because the property owner was negligent in its duty to ensure that its property was safe and free from "defects", such as a pothole in a parking lot, accumulated ice and snow, or a significantly raised sidewalk.

Q. Can I collect money damages from a property owner if I fall on ice on his or her sidewalk?

A. Not always. In Pennsylvania, the ice must be in the form of "hills and ridges" in order for you to successfully sue. Hills and ridges in ice prove that the precipitation (rain or snow) fell, froze, thawed, and froze again. In that case, the property owner had sufficient time to notice the ice and take steps to make the sidewalk safe.

Q. Pennsylvania follows the "No Fault" theory of auto insurance. What is that?

A. "No Fault" means that, regardless of whether you or the other driver caused the accident, each party's auto insurance company will pay their work loss benefits and medical expenses. The injured party, known as the "Plaintiff", may then sue the responsible party "Defendant", for pain and suffering, loss of the enjoyment of life's pleasures, future wage losses, etc.

Q. If one spouse is injured in an accident, may the other spouse also collect money damages from the responsible party?

A. Yes. Pennsylvania law allows the uninjured spouse to make a claim for his or her loss of consortium. In layman's terms, this means a claim may be made for the loss the uninjured party suffers because he or she lost certain services, society, and comfort from the injured spouse. For example, a couple may have enjoyed going out for pizza every Friday night after work. Now, because the wife is injured, she may want to stay home and lie on the couch on Friday nights when she gets home from work instead of going out with her husband. The husband has a claim for that loss.

Q. If someone is killed as a result of the negligence of another, what money damages may his or her family collect?

A. The decedent's estate will be entitled to collect money for the conscious pain and suffering that the decedent endured prior to death, as well as the loss of the decedent's future earnings, less the amount he or she would have spent on living expenses