Pennsylvania Personal Injury Attorneys

Pennsylvania's Filing Deadlines

Filing deadlines play a critical role in whether a personal injury claim can move forward. Here's what applies in Pennsylvania:

• Most injury claims must be filed within two years of the date of injury, under 42 Pa. C.S. § 5524
• Claims against a government entity generally require written notice within six months
• Wrongful death claims typically must be filed within two years of the date of death

Missing these deadlines can permanently end your right to pursue compensation, so acting promptly is essential.

Pennsylvania's Modified Comparative Negligence Rule

Pennsylvania follows a modified comparative negligence standard, often called the 51% bar rule. State law, specifically 42 Pa. C.S. § 7102, governs how fault gets divided and how it factors into your final recovery. Here's how it works:

• You can still recover compensation as long as your fault doesn't exceed 50%
  Once your fault reaches 51% or more, you're barred from recovering anything
• Any damages awarded are reduced in proportion to your assigned percentage of fault

For example, if you're found 20% at fault, your total recovery would be reduced by 20%.

Economic Damages

• Medical expenses and ongoing care
• Lost wages and reduced earning capacity
• Property damage

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life