A Three-Step Guide to Piercing Limited Tort with a 'Soft Tissue' Injury

Contrary to common belief, a soft issue injury can constitute a “serious injury.” While many insurance companies, and even some plaintiffs’ lawyers, believe that a soft tissue injury cannot pierce limited tort, the notion is simply not true. In fact, the Superior Court of Pennsylvania has determined time and time again that a soft tissue injury can constitute a “serious injury” and pierce limited tort.

But, we all know that it’s never that easy. Just because a soft tissue injury can constitute a serious injury, it doesn’t mean a soft tissue injury does constitute a serious one. That is the foundation for which the insurance companies can deny our limited tort clients’ soft tissue claims. So, it is our jobs as plaintiffs’ lawyers to prove that our client’s sprains, strains, tears, bulges, protrusions and herniations are, in fact, serious impairments of a body function. Luckily, our Supreme and Superior Court has given us plaintiff lawyers guidance on just how to do this.