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Your DuBois Personal Injury Attorney
Being hurt because of someone else’s carelessness is stressful enough without a legal clock running in the background. This page explains the Pennsylvania rules that most often decide how an injury claim from DuBois unfolds. The sections that follow cover the filing deadlines, the fault rule, the limited tort and full tort choice, claims against government bodies, the courts, and the kinds of injuries most often behind a claim. Talking with an attorney who knows Clearfield County practice can turn these general rules into a plan for your claim.
Deadlines and Fault Rules: The Short Version
- 2 years is the general limit to file a lawsuit for a personal injury or a wrongful death (42 Pa.C.S. § 5524), with different rules for minors and government defendants.
- 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.
- Two auto insurance options exist in Pennsylvania: full tort and limited tort (75 Pa.C.S. § 1705), and the difference can change what a crash claim is worth.
- Wrongful death: the action is brought by the personal representative for the spouse, children, or parents (42 Pa.C.S. § 8301; Pa.R.C.P. 2202), and a separate survival action is allowed (§ 8302).
The Two-Year Filing Deadline and Its Exceptions
The main deadline is set by 42 Pa.C.S. § 5524: an action for injuries to the person, or for the death of an individual caused by another’s wrongful act, neglect, unlawful violence, or negligence, must be commenced within two years.
For an injured child, 42 Pa.C.S. § 5533(b)(1) pauses the count until the child turns 18. For adults, the same section says that insanity or imprisonment does not extend the time to file (§ 5533(a)).
A death caused by negligence can lead to both a wrongful death action (42 Pa.C.S. § 8301) and a survival action (§ 8302), each governed by the two-year limit in § 5524.
Claims against a government unit start sooner. Within six months of the injury, a written statement giving the injured person’s name and address, the date, hour, and place of the accident, and the name of any attending physician must be filed with the government unit, and with the Attorney General if a Commonwealth agency is involved (42 Pa.C.S. § 5522(a)(1)). If it is not filed, the case is dismissed unless the court finds a reasonable excuse (§ 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)).
One caution: claims that a doctor or hospital caused the injury fall under the MCARE Act, which sets a seven-year outer limit (40 P.S. § 1303.513) and other special requirements beyond the ordinary injury rules.
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Shared Fault: Pennsylvania's 51% Rule
The rule is in 42 Pa.C.S. § 7102(a): a plaintiff who is partly at fault can still recover as long as the plaintiff’s negligence was not greater than the negligence of the defendants sued, and the recovery is diminished by the plaintiff’s share of the fault.
In practice that is the 51% bar. A person found 20% at fault recovers 80% of the damages, a person found 50% at fault recovers half, and a person found 51% or more at fault recovers nothing. Insurers know this, and arguing about percentages is a common way they try to reduce a claim.
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
The choice is made on the auto policy. Full tort keeps the right to seek both economic and noneconomic damages after a crash caused by another person (75 Pa.C.S. § 1705(c)). Limited tort keeps the right to economic loss, but bars a claim for noneconomic loss such as pain and suffering unless the injury is a serious injury (§ 1705(d)).
A “serious injury” is defined in the statute as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. § 1702). Whether a particular injury meets that definition is often disputed.
Limited tort has carve-outs. The at-fault person’s DUI conviction or ARD in the accident, an out-of-state vehicle, intent to injure, or lack of financial responsibility all restore full tort recovery (75 Pa.C.S. § 1705(d)(1)), and full tort rights remain against vehicle manufacturers and repairers for defects (§ 1705(d)(2)) and for occupants of vehicles other than private passenger vehicles (§ 1705(d)(3)).
The tort option follows the policy, not just the person. A named insured’s election applies to other insureds on the policy, conflicts are resolved by the policy for the vehicle the person occupied (75 Pa.C.S. § 1705(b)(2)), and a non-owner with no auto policy coverage is not precluded from noneconomic recovery (§ 1705(b)(3)). The required medical benefit of $5,000 is in § 1711(a).
Claims Against Cities, Counties, and State Agencies
Local agencies, such as cities, boroughs, and townships, are generally immune from damages (42 Pa.C.S. § 8541), and liability exists only for the listed exceptions, where the damages would be recoverable at common law and the injury was caused by the negligent acts of the agency or an employee (§ 8542(a)). The listed categories include operating a motor vehicle, care of personal property, care of real property, traffic controls and street lighting, utility service facilities, streets, sidewalks, and animals (§ 8542(b)).
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.
The Courts That Hear Clearfield County Injury Cases
Three numbers frame the choice of court: unlimited jurisdiction in the Court of Common Pleas (42 Pa.C.S. § 931), $12,000 for civil claims before a magisterial district judge (§ 1515(a)(3)), and $50,000 as the ceiling for compulsory arbitration (§ 7361(b)(2)).
The Court of Common Pleas of Clearfield County hears lawsuits arising in DuBois. It forms the Forty-sixth Judicial District under 42 Pa.C.S. § 901, and its county seat is Clearfield.
Common Injury Claims in DuBois
Motor Vehicle Accident Claims
Crash claims combine several rules at once: the two-year deadline (42 Pa.C.S. § 5524), the 51% fault bar (§ 7102), and the limited tort and full tort choice (75 Pa.C.S. § 1705). Each can matter, and a police report and prompt medical records help on all three.
A vehicle defect can support a separate claim against a manufacturer or repairer, and limited tort does not limit that claim (75 Pa.C.S. § 1705(d)(2)).
Slip, Trip, and Fall Claims
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.
Bitten by a Dog
Following a bite, the investigating officer is responsible for notifying the victim of the results of the dog’s confinement, and the owner or keeper of the dog must pay the victim’s medical treatment costs (3 P.S. § 459-502(b)(1)). The state does not pay those costs.
Beyond medical costs, recovery for other losses is an ordinary injury claim, with the two-year deadline in 42 Pa.C.S. § 5524.
Death Caused by Another’s Negligence
The family’s claim is the wrongful death action in 42 Pa.C.S. § 8301, which exists for the spouse, children, or parents of the deceased and is brought by the personal representative (Pa.R.C.P. 2202(a)). The estate’s claim is a survival action under § 8302.
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.
Product Defects and Workplace Injuries
Product claims are strict liability claims, and Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014) says the defect may be established under either a consumer-expectations or a risk-utility test.
Workplace injuries have a special rule: the employer’s liability is exclusive (77 P.S. § 481(a)), and a lawsuit against someone other than the employer is preserved by § 481(b).
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A Note on DuBois and the Local Courts
If you are hurt in DuBois, a lawsuit will be filed in Clearfield County, in the Court of Common Pleas of Clearfield County, unless another county is proper. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above, including the two-year limit and any government notice.
Criminal cases follow different Pennsylvania rules, covered on our DuBois criminal defense page.
Frequently Asked Questions
When does the clock start on a personal injury claim?
The two-year period under 42 Pa.C.S. § 5524 applies to actions for injuries to the person and for death caused by another’s negligence. An attorney can look at the date of the injury and any rule that changes the count.
Do I have to give notice before suing a city or county in Pennsylvania?
Yes. Within six months a written statement must be filed with the government unit (42 Pa.C.S. § 5522(a)). For a unit other than the Commonwealth, up to 90 days of incapacity from the injury is excluded, and actual or constructive notice of the incident or condition means missed notice is not a bar (§ 5522(a)(3)).
What happens to my claim if the other side says I share the blame?
Your claim survives as long as your share is not greater than the defendants’, but the award is diminished by your percentage of fault (42 Pa.C.S. § 7102(a)). Evidence about fault often decides the number.
Can I get pain and suffering under limited tort?
Only if the injury is a serious injury, which the statute defines as death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. §§ 1702, 1705(d)), or if an exception applies.
How does Pennsylvania define a serious injury?
Under 75 Pa.C.S. § 1702, it is a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement.
Who can file a wrongful death claim in Pennsylvania?
The right of action exists for the spouse, children, or parents of the deceased (42 Pa.C.S. § 8301(b)), and the action is brought by the personal representative for the benefit of those entitled by law (Pa.R.C.P. 2202(a)).
Can a minor file an injury lawsuit after turning 18?
Yes. The period of minority does not count against the time to sue, and the same time period applies once the person reaches 18 (42 Pa.C.S. § 5533(b)(1)).
What does Pennsylvania law say about dog bites?
The Dog Law requires immediate confinement of a dog that bites or attacks a person, isolation for at least ten days, and notice to the victim of the results, and it makes the owner or keeper pay the victim’s medical treatment costs (3 P.S. § 459-502).
Can a magisterial district judge hear my injury claim?
Yes, for civil claims up to $12,000 exclusive of interest and costs (42 Pa.C.S. § 1515(a)(3)). Larger claims belong in the Court of Common Pleas of Clearfield County.
What if someone other than my employer caused my work injury?
Then you may have a third-party claim, which is an action at law against that party (77 P.S. § 481(b)), separate from workers’ compensation against the employer.
Talk to an Attorney About Your DuBois Injury
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