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Your Bensalem Personal Injury Attorney
A personal injury claim in Bensalem runs on fixed reference points: a two-year limit for most lawsuits, a 51% fault bar, and special notice rules for claims against government bodies. Each is explained below with the statute behind it. Keep reading for the time limits, the fault bar, the auto insurance election, government notice rules, the court structure in Bucks County, and straight answers on car accidents, falls, dog bites, and wrongful death. The facts of your injury decide which rule controls, and an attorney who practices in Pennsylvania courts can sort that out quickly.
The Short Answers: Deadlines, Fault, and Insurance
- The two-year rule: most injury and wrongful death actions must be started within two years (42 Pa.C.S. § 5524).
- Hurt on public property or by a public vehicle? Give written notice within 6 months (42 Pa.C.S. § 5522), and get advice quickly.
- If you are partly at fault, you may still recover unless your share is greater than the defendants’ (42 Pa.C.S. § 7102). At 51% or more, recovery is barred.
- Your auto policy’s tort election matters. Limited tort bars noneconomic damages unless the injury is a serious injury (75 Pa.C.S. §§ 1702, 1705), with several exceptions.
- Families have rights after a fatal accident: wrongful death and survival actions under 42 Pa.C.S. §§ 8301 and 8302, generally within two years.
How Pennsylvania Counts the Time to Sue
Pennsylvania’s general injury deadline is two years (42 Pa.C.S. § 5524). It applies to actions for injuries to the person or for death caused by the wrongful act or negligence of another, and to many other tort claims that no other section addresses.
Age matters. A minor’s time to sue does not begin to run until age 18 (42 Pa.C.S. § 5533(b)(1)), while insanity or imprisonment does not extend anyone’s time unless another statute says it does (§ 5533(a)).
After a death, two separate claims are possible: the wrongful death action for the family under 42 Pa.C.S. § 8301 and the survival action for the injured person’s own claim under § 8302. Both fall under the two-year rule in § 5524.
When the defendant is a government unit, the first deadline is the six-month written notice in 42 Pa.C.S. § 5522(a)(1), filed with the unit and, for a Commonwealth agency, the Attorney General. Failure to file leads to dismissal unless a reasonable excuse is shown (§ 5522(a)(2)).
There are protections for claims against local units: up to 90 days of incapacity from the injury is excluded, the time starts on the date of death in a fatal case, and the missed notice is not a bar if the government unit actually or constructively knew of the incident or condition (42 Pa.C.S. § 5522(a)(3)).
Medical malpractice claims have their own statute of repose: no cause of action asserting a medical professional liability claim may be commenced more than seven years after the alleged tort or breach, with a foreign-object exception (MCARE Act § 513, 40 P.S. § 1303.513).
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What Happens When You Are Partly to Blame
Under 42 Pa.C.S. § 7102(a), a claim survives if your negligence was not greater than the negligence of the defendants, and the damages are reduced in proportion to your share.
The numbers work like this: at 30% fault, an award of $100,000 becomes $70,000; at 50% it becomes $50,000; at 51% or more the claim is barred. Because a single percentage point can decide the outcome, how fault is proven matters as much as how much was lost.
If a crash or fall involves several responsible parties, liability is usually divided by percentage and judgments are separate (42 Pa.C.S. § 7102(a.1)(2)). The listed exceptions, including an intentional tort or a defendant at least 60% liable, allow joint and several liability (§ 7102(a.1)(3)).
Car Accidents and the Tort Election
Two options exist under 75 Pa.C.S. § 1705. With full tort you may seek compensation for economic and noneconomic loss caused by another’s fault. With limited tort you may seek economic loss, and you may seek noneconomic loss only when the injury is a serious injury.
The statute defines a serious injury as one resulting in death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. § 1702). Medical evidence usually decides whether an injury qualifies.
The statute lists exceptions to limited tort: a DUI conviction or ARD by the at-fault person in that accident, an at-fault vehicle registered in another state, intent to injure, and lack of financial responsibility (75 Pa.C.S. § 1705(d)(1)). It also preserves full tort rights against those who design, manufacture, or repair motor vehicles for a defect (§ 1705(d)(2)) and for an occupant of a vehicle other than a private passenger motor vehicle (§ 1705(d)(3)).
Because the election is tied to policies, a passenger, a pedestrian, or a driver of a borrowed car can each have a different answer. The rules are in 75 Pa.C.S. § 1705(b), and § 1711(a) separately requires a medical benefit of $5,000 on covered policies.
When a Government Body Is Responsible for the Injury
Whether a city, borough, or township can be sued turns on 42 Pa.C.S. §§ 8541 and 8542. Immunity is the rule, and the exceptions are a closed list that includes vehicles, personal and real property, traffic controls and lighting, utility service facilities, streets, sidewalks, and animals.
Damages against local agencies are capped at $500,000 in the aggregate for the same cause of action or occurrence (42 Pa.C.S. § 8553(b)), and recoverable losses are limited to past and future earnings and earning capacity, medical and dental expenses, loss of consortium, loss of support, property losses, and pain and suffering only for death or a permanent loss of a bodily function, permanent disfigurement, or permanent dismemberment where medical and dental expenses exceed $1,500 (§ 8553(c)).
State-level defendants are limited by 42 Pa.C.S. § 8528(b) to $250,000 per plaintiff and $1,000,000 in the aggregate, and can be sued only within the exceptions listed in § 8522(b), which include vehicles, personal property, Commonwealth real estate, highways and sidewalks, and dangerous conditions such as potholes.
Since the notice period (42 Pa.C.S. § 5522) is far shorter than the general two years, government cases should be checked first for who owns the road, sidewalk, or vehicle.
From Magisterial District Judge to Common Pleas
Injury lawsuits usually belong in the Court of Common Pleas, which has unlimited original jurisdiction (42 Pa.C.S. § 931). A magisterial district judge can hear civil claims up to $12,000 (§ 1515(a)(3)), and compulsory arbitration cannot be required above $50,000 (§ 7361(b)(2)).
For a case from Bensalem, the trial court is the Court of Common Pleas of Bucks County, which serves the Seventh Judicial District (42 Pa.C.S. §§ 901, 951). The county seat is Doylestown.
The Injuries Behind Most Claims From Bensalem
Crashes Involving Cars, Trucks, and Motorcycles
A vehicle crash can involve the at-fault driver, the injured person’s own policy, and sometimes a government body if the road or a public vehicle was involved (42 Pa.C.S. § 5522). Each layer has its own rules and deadlines.
Damages for economic loss remain available under either option (75 Pa.C.S. § 1705(c), (d)).
Falls and Unsafe Property Conditions
A fall claim asks whether the property owner or occupier was negligent, for example by failing to fix or warn about a hazard. Whatever the location, the fault rule in 42 Pa.C.S. § 7102 applies, so an argument that the injured person was not watching where they were going can reduce the award or, above 50%, defeat it.
If the property belongs to a local government, such as a city sidewalk or public building, special notice and immunity rules apply (42 Pa.C.S. §§ 5522, 8541, 8542), and § 8542(b) lists real property and sidewalk exceptions.
Animal Bite Claims
After a dog bites or attacks a person, the dog must be immediately confined, and it is isolated for a minimum of ten days to determine the results of confinement (3 P.S. § 459-502(a)). The Dog Law also says the cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner or keeper of the dog (§ 459-502(b)(1)).
The Dog Law’s rule on treatment costs sits alongside an ordinary injury claim, which has its own two-year deadline (42 Pa.C.S. § 5524).
Wrongful Death Claims for Families
Under 42 Pa.C.S. § 8301(b), a wrongful death right of action exists only for the spouse, children, or parents of the deceased, and § 8301(d) lets the personal representative recover medical, funeral, and administration expenses if no one is eligible under subsection (b).
A recovery for the same damages during the injured person’s lifetime affects the wrongful death claim (42 Pa.C.S. § 8301(a)), so prior actions are consolidated to avoid a duplicate recovery.
Injuries From Products and On the Job
A defect case is not limited to the person who bought the product; the Pennsylvania Supreme Court’s decision in Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014) allows a strict liability defect to be shown by consumer expectations or by risk-utility.
A worker hurt on the job generally looks to workers’ compensation against the employer (77 P.S. § 481(a)), while a claim against a third party, such as an equipment maker or another contractor, can proceed separately (§ 481(b)).
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Local Court Details for Bensalem
An injury in Bensalem belongs to Bucks County and its Court of Common Pleas. Local practice, such as how quickly cases are listed and how arbitration is used, shapes how the general rules on this page play out, and a local attorney can tell you what that looks like in Doylestown and in the magisterial district that may hear a smaller claim.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Pennsylvania?
Two years is the general rule. An action to recover damages for injuries to the person, or for a death caused by another’s wrongful act or negligence, must be commenced within two years (42 Pa.C.S. § 5524).
What if a government body caused my injury?
A written notice must be filed within six months of the injury with the government unit, and with the Attorney General for a Commonwealth agency (42 Pa.C.S. § 5522(a)(1)). If it is not, the case is dismissed unless the court finds a reasonable excuse (§ 5522(a)(2)).
Is Pennsylvania a comparative negligence state?
Yes, in its modified form. 42 Pa.C.S. § 7102(a) allows recovery when the plaintiff’s negligence is not greater than the defendants’ causal negligence, with damages reduced proportionally.
Which tort option applies to me after a crash?
The named insured’s election applies to all insureds on the policy. When policies conflict, the policy for the vehicle you occupied controls if you are insured on it, and full tort applies otherwise (75 Pa.C.S. § 1705(b)(2)).
Why do insurers dispute the serious injury threshold?
The definition in 75 Pa.C.S. § 1702 (death, serious impairment of body function, or permanent serious disfigurement) decides whether a person bound by limited tort can claim pain and suffering (§ 1705(d)), so a lot can turn on it.
What if a loved one died from a car accident in Bensalem?
A death caused by another driver’s negligence can support both a wrongful death action (42 Pa.C.S. § 8301) and a survival action (§ 8302), generally within two years (§ 5524).
How does the statute of limitations work for an injured child?
The years before age 18 are not part of the time within which the action must be commenced, and the person has the same time as others after attaining majority (42 Pa.C.S. § 5533(b)(1)).
Does the Dog Law cover the cost of my treatment?
Yes. The owner or keeper must pay the victim’s medical treatment costs from a biting or attacking dog (3 P.S. § 459-502(b)(1)).
What is the small claims limit in Pennsylvania?
Civil claims up to $12,000, exclusive of interest and costs, can be brought before a magisterial district judge (42 Pa.C.S. § 1515(a)(3)). Larger claims are filed in the Court of Common Pleas (§ 931).
Is a workplace injury a personal injury case in Pennsylvania?
Partly. The claim against the employer is handled through workers’ compensation (77 P.S. § 481(a)), and a claim against another party, such as an equipment maker, can be a personal injury case (§ 481(b)).
Take the Next Step in Your Bensalem Claim
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