Ryan Zavodnick | May 18, 2025 | Personal Injury
The Centers for Disease Control and Prevention (CDC) state that motor vehicle crashes are a leading cause of death in the United States. Within a single year, millions of injured victims visit emergency departments as a result of car crashes. Some of these injuries are catastrophic, causing life-altering consequences for motorists and passengers. After a catastrophic injury, victims should become aware of their rights. A catastrophic injury attorney in Philadelphia could help patients learn about potential legal steps they can take after accidents. With greater education and awareness, it may be easier to fight for these rights, hold negligent motorists accountable, and pursue enough compensation to cover medical bills. Victims may be able to discuss their unique circumstances with Zavodnick & Lasky. Contact us at (215) 774-6467 to learn more about your legal rights and how to ensure you receive justice after a catastrophic injury.
Do I Have the Right to Sue After a Catastrophic Injury?
In both Delaware and Pennsylvania, individuals who suffer injuries in car accidents can pursue personal injury lawsuits against negligent drivers — even though both states have no-fault insurance systems in place. In both states, accident victims must first seek medical benefits through their own auto insurance policies, regardless of who caused the accident. Some of the differences between both states include:
Delaware:
- PIP (Personal Injury Protection) covers medical expenses and a portion of lost wages (typically 80%, up to a capped amount depending on the policy).
- PIP does not cover non-economic damages like pain and suffering or emotional distress.
- Delaware allows a person to bring a third-party negligence lawsuit against the at-fault driver regardless of injury severity (Delaware is a modified no-fault state.)
- Lawsuits can possibly recover compensation for pain and suffering and full lost wages, beyond what PIP provides.
Pennsylvania:
- Pennsylvania is a choice no-fault state, meaning drivers choose between limited tort and full tort coverage when buying auto insurance.
- Limited tort restricts your ability to sue for non-economic damages (like pain and suffering), unless you suffer a serious injury.
- Full tort allows you to sue for all damages without restrictions.
- PIP in Pennsylvania covers medical costs (usually $5,000 minimum) but not pain and suffering or full wage loss.
- Once someone meets the serious injury threshold (under limited tort), or if they selected full tort, a lawsuit can potentially seek compensation beyond PIP — including emotional distress, pain and suffering, and full lost income.
Understanding Non-Economic Damages
Catastrophic injuries often result in significant non-economic damages — the emotional and psychological toll that doesn’t show up on a medical bill but can profoundly affect a person’s quality of life. These damages may include pain and suffering, emotional distress, anxiety, depression, PTSD, humiliation, disfigurement, and loss of enjoyment of life. While they do not reflect direct financial loss, their impact can be even more devastating — and individuals who suffer catastrophic injuries have the legal right to pursue compensation for these harms.
Some non-economic damages are straightforward, while others require a deeper understanding. For example, “loss of enjoyment of life” refers to a person’s inability to participate in meaningful or fulfilling activities they once enjoyed — such as running, hiking, dancing, playing sports, or simply walking a dog. Likewise, disfigurement, such as from burns or amputations, can have long-term psychological effects, impacting confidence, self-image, and emotional well-being. These damages deserve full recognition in applicable personal injury claims, and under certain circumstances, injured individuals are entitled to seek compensation for these life-altering consequences.
Defining the “Serious Injury” Threshold
Under Pennsylvania Statute 75 Pa. C.S.A. § 1702, a “serious injury” is defined as a “personal injury resulting in serious impairment of body function” or a “permanent serious disfigurement.” This definition is critical for individuals who have selected limited tort auto insurance coverage, as it governs whether they can pursue non-economic damages (such as pain and suffering) in a lawsuit.
In Delaware, while there is no identical statutory definition labeled “serious injury” as in Pennsylvania, the law does not restrict an injured party from suing for damages, regardless of the injury’s severity. Delaware is a fault-based state with mandatory PIP coverage, but it allows third-party lawsuits without needing to meet a specific injury threshold — unlike Pennsylvania’s limited tort system. So, while the types of injuries that often lead to lawsuits are similar in both states, the legal requirements to bring those suits differ.
Examples of injuries typically considered “serious” in legal or medical contexts include:
- Amputations
- Spinal cord injuries (paraplegia or quadriplegia)
- Severe traumatic brain injuries
- Disfiguring burns
- Internal organ damage or loss
- Comas or prolonged unconsciousness
While some medical professionals reserve the term “catastrophic injury” for neck, spine, or brain trauma, others use it more broadly. The bottom line: whether an injury qualifies as “serious” under the law — especially in Pennsylvania — often depends on medical documentation and how the injury impacts the person’s daily life.
Anyone uncertain about whether their injury meets the threshold should consider speaking with the experienced catastrophic injury attorneys at Zavodnick & Lasky, who can assess your specific situation and explain your available legal options.
The Comparative Negligence Statute in Pennsylvania and Delaware
When it comes to pursuing a personal injury lawsuit after a catastrophic injury, comparative negligence laws in both Delaware and Pennsylvania play a crucial role. These laws determine whether an injured party can recover damages if they were partially at fault for the accident.
Both Delaware and Pennsylvania follow a modified comparative negligence system — not a “pure” one. Under these systems, an injured person can still recover compensation as long as they were not more than 50% at fault for the accident.
Understanding Comparative Negligence
- If you are 51% or more at fault, you cannot recover any damages in either state.
- If you are 50% or less at fault, you may still recover compensation — but the amount will be reduced proportionally to your share of the blame.
This framework creates a strong financial incentive to minimize the percentage of fault attributed to the injured party — especially in high-stakes cases involving catastrophic injuries. Establishing that the victim was not the primary cause of the accident is often essential. An experienced personal injury attorney can help build a case that demonstrates the other party’s greater share of negligence, ensuring the victim remains eligible for maximum compensation.
Speak With Zavodnick & Lasky After a Catastrophic Injury
A catastrophic injury can affect victims and their families for many years after accidents. After suffering this type of injury, a victim may no longer have the ability to earn income. They might also incur considerable medical bills while struggling with serious psychological challenges. In many cases, patients with catastrophic injuries become incapacitated – and it falls to their loved ones to take action on their behalf. Whatever the case may be, families can seek help from Philadelphia injury lawyers in this situation. With legal guidance, it may be possible to pursue enough compensation to cover medical bills, non-economic damages, lost future income, and other losses. To continue learning about important rights after catastrophic injuries, consider calling Zavodnick & Lasky at (215) 774-6467. We serve residents of Philadelphia and Delaware.
