Pennsylvania Injury Claim Rules

Rules cited to Pennsylvania’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.42 Pa. Cons. Stat. § 7102
Filing deadline2 yearsFrom the date of the injury.42 Pa. Cons. Stat. § 5524
Minimum insurance15/30/5Per person, per crash, property. Pennsylvania is a choice no-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in Pennsylvania: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Pennsylvania is a choice no-fault state, so car crash claims start with your own PIP coverage. 51% bar decides how fault affects everything else.

Pennsylvania injury claim rules

Fault. Pennsylvania uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Pennsylvania is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $5,000 of first-party medical benefits, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need a serious injury: death, serious impairment of a body function or permanent serious disfigurement. This applies to drivers who chose “limited tort”. Drivers with “full tort” can sue for any injury. Liability minimums are 15/30/5.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners are strictly liable for a bite victim’s medical costs. Other damages need proof of negligence or that the owner knew the dog was dangerous.

Pennsylvania injury claim questions

Can I still get a settlement in Pennsylvania if I was partly at fault?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

How long do I have to file a personal injury lawsuit in Pennsylvania?

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Pennsylvania cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.