Pennsylvania Personal Injury Law Resources

Pennsylvania is a choice no-fault auto insurance state with a two-year statute of limitations, modified comparative fault with a 51% bar, and no caps on compensatory damages Pennsylvania courts have held that capping personal injury damages is unconstitutional. The state's unique choice tort system requires drivers to elect either full tort (unlimited right to sue) or limited tort (restricted right to sue for pain and suffering unless injuries meet a "serious injury" threshold). Auto insurance minimums are 15/30/5, among the lowest in the nation, with mandatory first-party medical benefits (PIP) of at least $5,000.

Statute of Limitations

General Personal Injury TWO Years

Pennsylvania provides a two-year statute of limitations for most personal injury claims under 42 Pa. Cons. Stat. § 5524(2). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death.

Medical malpractice: Two years from the date of injury or from the date the injury was or should have been discovered. A seven-year statute of repose applies in most cases, though exceptions exist for foreign objects left in the body.

Assault and battery: Two years.

Defamation: One year.

Property damage: Two years.

Government Claims Notice Required

Claims against the Commonwealth of Pennsylvania are governed by the Sovereign Immunity Act. Claims against local governments (cities, counties, townships) are governed by the Political Subdivision Tort Liability Act (42 Pa. Cons. Stat. § 8541 et seq.). Government entities have broad immunity with specific exceptions for vehicle liability, care of property, dangerous conditions, and other enumerated categories.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies in medical malpractice and latent injury cases. The statute is also tolled when the defendant leaves the state.

Modified Comparative Fault (51% Bar)

Pennsylvania follows a modified comparative fault rule under 42 Pa. Cons. Stat. § 7102(a). A plaintiff who is more than 50% at fault (i.e., 51% or more) is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

Seatbelt defense: Pennsylvania law specifically prohibits the use of seatbelt non-use to establish comparative negligence or reduce damages.

Pennsylvania applies joint and several liability with modifications defendants found liable are jointly and severally liable for economic damages, but a defendant found less than 60% at fault is only severally liable for non-economic damages (proportionate share only).

Damage Caps

No Compensatory Damage Caps

Pennsylvania imposes no caps on economic or non-economic damages in general personal injury cases. Pennsylvania courts have ruled that legislative caps on personal injury damages are unconstitutional.

Punitive Damages

Punitive damages are capped at two times the amount of compensatory damages awarded.

Government Liability Caps

Commonwealth of Pennsylvania: $250,000 per claimant.

Political subdivisions (cities, counties): $500,000 total for all claims arising from a single incident (42 Pa. Cons. Stat. § 8553). Individual damages within this aggregate are limited to $500,000 per claimant for certain categories.

No punitive damages are available against the government.

Auto Insurance Requirements

Pennsylvania is a choice no-fault state.

Liability Minimums 15/30/5

• $15,000 per person for bodily injury
• $30,000 per accident for bodily injury
• $5,000 per accident for property damage

Mandatory First-Party Medical Benefits (PIP)

Pennsylvania requires $5,000 minimum in first-party medical benefits coverage, which pays the insured's medical expenses regardless of fault. Higher limits are available.

Full Tort vs. Limited Tort The Critical Choice

Every Pennsylvania driver must choose between:

Full Tort Coverage: Provides an unlimited right to sue the at-fault driver for all damages, including pain and suffering, regardless of injury severity. Premiums are higher.

Limited Tort Coverage: Restricts the right to sue for pain and suffering. Under limited tort, the insured can only recover economic damages (medical bills, lost wages) unless their injuries meet the "serious injury" threshold defined as death, serious impairment of body function, or permanent serious disfigurement (75 Pa. Cons. Stat. § 1702). Limited tort premiums are lower.

Exceptions to limited tort restrictions (situations where limited tort policyholders can still sue for pain and suffering):

• The at-fault driver was convicted of DUI
• The at-fault driver was driving an unregistered vehicle or vehicle from another state
• The at-fault driver was intentionally trying to injure the plaintiff
• The injury occurred while the plaintiff was a pedestrian, bicyclist, or occupant of a non-private passenger vehicle
• The plaintiff was an occupant of a vehicle whose owner did not elect limited tort

UM/UIM Coverage

Uninsured/Underinsured Motorist (UM/UIM) coverage must be offered by insurers, but can be rejected by the insured in writing.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Pennsylvania are filed in the Court of Common Pleas, the state's trial court of general jurisdiction. Pennsylvania has 60 judicial districts across 67 counties. Magisterial District Courts handle civil cases up to $12,000. Philadelphia Municipal Court handles civil cases up to $12,000 within the city.

Philadelphia County, Allegheny County (Pittsburgh), Delaware County, Montgomery County, and Bucks County handle the highest volumes of personal injury litigation. Philadelphia has historically been one of the most plaintiff-friendly jurisdictions in the United States, frequently appearing on the American Tort Reform Association's "Judicial Hellholes" list.

Common Types of Personal Injury Cases in Pennsylvania

Pennsylvania's large population, extensive highway system, major metropolitan areas, heavy industrial heritage, significant medical infrastructure, and diverse geography generate high volumes of personal injury litigation. Common case types include motor vehicle accidents (particularly on I-76/Pennsylvania Turnpike, I-95, I-80, I-81, and I-78), commercial truck accidents (Pennsylvania is a major East Coast freight corridor), motorcycle accidents, pedestrian and bicycle accidents (especially in Philadelphia and Pittsburgh), premises liability (including slip-and-fall, winter weather injuries, and retail injuries), medical malpractice (Philadelphia is a major medical center), product liability (Pennsylvania has extensive manufacturing), wrongful death, construction accidents, workplace injuries, nursing home abuse, dog bites (Pennsylvania applies strict liability for severe injuries and a one-bite rule for minor injuries under 3 Pa. Cons. Stat. § 459-502-A), toxic tort and environmental exposure claims (legacy industrial contamination, fracking-related claims), school and university injuries, amusement park injuries (Hersheypark, Dorney Park, Knoebels), ski and recreation injuries (Poconos region), and railroad crossing accidents.

This page provides general legal information about Pennsylvania personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Pennsylvania to discuss the specific facts of your case.