Because your son was hit by a vehicle in the possession or control of a Commonwealth party, any claim for damages falls within the exception to sovereign immunity. The law permits your son to file a claim against PennDot and to recover the following damages: 1. Past and future loss of earnings and earning capacity caused by the injury to his wrist; 2. Pain and suffering; 3. the reasonable value of ALL reasonable and necessary medical services not already paid by your own insurance carrier, including expenses for the ambulance, if any, the hospital, surgeon, anesthesia, radiology, physical therapy, etc.; and 4. property losses, if applicable.
It is not necessary that the medical expenses exceed $250,000. Even if all of the medical expenses are paid under your own automobile insurance policy, your son still has the right to recover for his pain and suffering and loss of earnings or earning capacity.
It’s important to understand that the sovereign immunity statute does limit the total recovery to no more than $250,000. This may be were the confusion lies and I would guess that the attorney your talked was mistaken about the significance of this $250,000 limit.
Feel free to call Attorney Greg Unatin in our office with any further questions you may have concerning your son's legal rights.
