Accidents & Injuries in Pennsylvania

Pennsylvania Consolidated Statutes Title 42, Section 5524 provides a two-year statute of limitations for personal injury claims. Claims against government entities under Pennsylvania Sovereign Immunity Act (42 Pa.C.S. § 8522) have specific procedural requirements. Consult a Pennsylvania attorney promptly after any accident to protect your rights.

Pennsylvania is a "choice" no-fault state under 75 Pa.C.S. § 1705. Drivers choose "limited tort" or "full tort" at the time of purchasing insurance. Limited tort option restricts your right to sue for pain and suffering unless you suffered a "serious injury." Full tort option preserves your full right to sue for all damages. Your insurance policy reflects the option you selected — review it carefully after any accident.

Under Pennsylvania law (75 Pa.C.S. § 1705), "limited tort" policyholders give up some rights to sue for pain and suffering in exchange for lower premiums. If you chose limited tort, you can only recover pain and suffering damages if you suffered a "serious injury" — defined as a serious impairment of body function, serious permanent disfigurement, or death. "Full tort" policyholders pay more but retain the full right to sue for all damages without a threshold requirement.

Under 42 Pa.C.S. § 7102, if you are 50% or less at fault, you can recover damages proportionally reduced. If you are 51% or more at fault, you are completely barred from recovering any compensation from the other party. Pennsylvania also apportions fault among all parties to the lawsuit.