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Your Monroeville Personal Injury Attorney
A personal injury claim in Monroeville 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. You will find the deadlines first, then fault and insurance, then claims against government bodies, the courts, and the most common claim types, citing the statute each time. Talking with an attorney who knows Allegheny County practice can turn these general rules into a plan for your claim.
The Short Answers: Deadlines, Fault, and Insurance
- Personal injury lawsuits must be filed within 2 years (42 Pa.C.S. § 5524), unless a specific rule such as minority (§ 5533) changes the count.
- Government defendants have their own clock: a written notice of claim within six months (42 Pa.C.S. § 5522).
- Fault is shared, not all-or-nothing, up to a point: 50% at fault still recovers a reduced amount, while 51% recovers nothing (42 Pa.C.S. § 7102).
- 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.
- Fatal accidents have two kinds of claims: wrongful death for the family (42 Pa.C.S. § 8301) and survival for the decedent’s own claim (§ 8302).
Filing Deadlines for Injury and Wrongful Death Claims in Pennsylvania
Two years is the general rule. Under 42 Pa.C.S. § 5524, an action to recover damages for injuries to a person, or for a death caused by the wrongful act, neglect, or negligence of another, must be commenced within two years. The same section covers assault and battery claims and a catch-all for other negligence and tort actions.
The two-year clock is paused for minors: the years before age 18 are not counted, and the person has the same time after turning 18 (42 Pa.C.S. § 5533(b)(1)). Adults cannot count on an extension for insanity or imprisonment (§ 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.
Six months is the number to remember for public defendants. Under 42 Pa.C.S. § 5522(a), a written notice describing the injury, the date and hour, and the location must be filed with the government unit, and with the Attorney General where a Commonwealth agency is involved. Late notice can be excused only on a showing of reasonable excuse (§ 5522(a)(2)).
For a government unit other than the Commonwealth, the six months does not include up to 90 days during which the injured person could not give notice because of incapacity from the injury, the period starts at death if the injury results in death, and failure to give notice is not a bar if the unit had actual or constructive notice of the incident or condition (§ 5522(a)(3)).
Injuries from medical treatment are a separate category. The MCARE Act bars a medical professional liability claim commenced more than seven years after the alleged tort or breach, except for a foreign object left in the body (40 P.S. § 1303.513).
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Fault Percentages and Your Recovery
Pennsylvania does not require the injured person to be blameless. Under 42 Pa.C.S. § 7102(a), contributory negligence does not bar recovery when the plaintiff’s negligence was not greater than the causal negligence of the defendants, but the damages are reduced in proportion to the plaintiff’s share.
That means the cutoff sits between 50% and 51%. Someone found 10% responsible loses 10% of the award, someone found 50% responsible loses half, and someone found 51% responsible loses all of it, which is why insurers push to raise the injured person’s share.
With several defendants, the default under 42 Pa.C.S. § 7102(a.1) is several liability: each pays its own share. The exceptions that allow recovery of the full award from one defendant are an intentional tort, intentional misrepresentation, a defendant 60% or more liable, a Hazardous Sites Cleanup Act release, and a Liquor Code § 497 violation.
Limited Tort and Full Tort: The Auto Insurance Choice
Pennsylvania insurers must offer two options when a policy is issued or renewed: full tort and limited tort (75 Pa.C.S. § 1705). A person bound by full tort remains eligible to seek compensation for noneconomic loss and economic loss from another person’s fault (§ 1705(c)). A person who elected limited tort keeps the right to seek economic loss, but is precluded from suing for noneconomic loss 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.
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)).
Whose election governs is answered in 75 Pa.C.S. § 1705(b): the named insured’s choice applies across the policy, the occupied vehicle’s policy controls when policies conflict, and a person with no vehicle and no policy is not precluded from noneconomic loss. Covered policies must also include a $5,000 medical benefit (§ 1711(a)).
Suing a Government Unit in Pennsylvania
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.
Because notice within six months (42 Pa.C.S. § 5522) and these limits apply together, an injury involving a public road, a public building, or a public vehicle should be looked at quickly.
Where an Injury Case From Monroeville Is Filed
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)).
A Monroeville injury lawsuit that reaches the trial court is filed in the Court of Common Pleas of Allegheny County. That court is the Fifth Judicial District (42 Pa.C.S. §§ 901, 951), and Pittsburgh is the county seat.
Types of Personal Injury Claims
Motor Vehicle Accident Claims
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.
An occupant of a vehicle other than a private passenger motor vehicle keeps full tort rights (75 Pa.C.S. § 1705(d)(3)).
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.
Property owned by a state agency is governed by sovereign immunity exceptions for real estate, highways, and sidewalks (42 Pa.C.S. § 8522(b)).
Animal Bite Claims
Pennsylvania’s Dog Law addresses what happens after a bite: the dog is confined and isolated for at least ten days, and the investigating officer notifies the victim of the medical results of the dog’s confinement (3 P.S. § 459-502(a), (b)). The owner or keeper must pay the victim’s medical treatment costs, and the Commonwealth is not liable for them (§ 459-502(b)(1)).
Claims for losses beyond medical costs follow the ordinary injury rules, including the two-year limit in 42 Pa.C.S. § 5524 and the fault rule in § 7102.
Death Caused by Another’s Negligence
Two claims can come from a fatal accident: the wrongful death action for the spouse, children, or parents (42 Pa.C.S. § 8301(b)) and the survival action that lets the decedent’s own claim continue (§ 8302). The personal representative brings the wrongful death case (Pa.R.C.P. 2202(a)).
If the death resulted from medical care, the MCARE Act requires the action to be commenced within two years after the death in the absence of affirmative misrepresentation or fraudulent concealment (40 P.S. § 1303.513(d)).
Products, Equipment, and Work Injuries
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.
If a third party such as a manufacturer or another company contributed to a workplace injury, the employee may bring an action at law against that party (77 P.S. § 481(b)) even though the employer is protected by § 481(a).
Injured in Monroeville? Talk to an attorney about your deadlines.
What to Know About Cases in Monroeville
An injury in Monroeville belongs to Allegheny 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 Pittsburgh and in the magisterial district that may hear a smaller claim.
Charged with a crime rather than injured? Read about criminal defense in Monroeville.
Frequently Asked Questions
Can I still file a lawsuit for an injury from a while ago?
It depends on how long ago. Two years is the general limit (42 Pa.C.S. § 5524). Some situations change the count, such as a claim by a minor (§ 5533(b)(1)), but insanity or imprisonment does not extend the time on its own (§ 5533(a)).
Is there a shorter deadline for claims against the government?
Yes, six months for written notice (42 Pa.C.S. § 5522(a)), compared with two years to file a lawsuit (§ 5524). A court must excuse a failure to give notice on a showing of reasonable excuse (§ 5522(a)(2)).
Can I recover if I was partly at fault for the accident?
Yes, if your negligence was not greater than the negligence of the defendants. Your damages are then reduced in proportion to your share (42 Pa.C.S. § 7102(a)).
What is the tort election on a Pennsylvania auto policy?
When you buy or renew a private passenger auto policy you choose between full tort and limited tort (75 Pa.C.S. § 1705). The choice affects what you can claim after a crash.
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 is the difference between a wrongful death and a survival action?
A wrongful death action is for the benefit of the spouse, children, or parents (42 Pa.C.S. § 8301). A survival action lets the decedent’s own cause of action continue (§ 8302). They are separate claims.
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 should I do after a dog bite in Monroeville?
Get medical care, report the bite so the dog can be confined as the Dog Law requires (3 P.S. § 459-502(a)), and keep records of your treatment costs, which the owner or keeper must pay under § 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).
Can I sue a contractor for an injury on a job site?
A contractor or other company that is not your employer may be a third party, and the law preserves an action at law against a third party (77 P.S. § 481(b)).
Speak With Someone Who Handles Cases Like Yours
The rules on this page are the same statewide, but what they mean for your claim depends on the facts. Use the form to be matched with an attorney who can look at your injury and your dates.
