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Your Selinsgrove Personal Injury Attorney
An injury changes what an ordinary week looks like: appointments, missed work, calls from insurers, and questions nobody prepared you for. If it happened in Selinsgrove, Pennsylvania’s rules on deadlines, shared fault, and auto insurance are written down, and knowing them early helps. This page walks through the deadlines, shared fault, the limited tort and full tort election, government defendants, the courts, and what to know about the most common claims. The facts of your injury decide which rule controls, and an attorney who practices in Pennsylvania courts can sort that out quickly.
Quick Answers on Deadlines, Fault, and Claims
- The two-year rule: most injury and wrongful death actions must be started within two years (42 Pa.C.S. § 5524).
- 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).
The Two-Year Filing Deadline and Its Exceptions
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.
A claim by a child is counted from adulthood: for an unemancipated minor, the period of minority is not part of the time to sue, and the person has the same time after reaching age 18 (42 Pa.C.S. § 5533(b)(1)). Under § 5533(a), insanity or imprisonment does not extend the time unless a statute provides otherwise.
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.
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)).
Some relief exists for local government cases: incapacity from the injury (not more than 90 days) is excluded, the six months begins at death when the injury is fatal, and actual or constructive notice to the unit means missed formal notice is not a bar (42 Pa.C.S. § 5522(a)(3)).
A claim that a health care provider caused the injury is a medical professional liability claim, and the MCARE Act adds a seven-year outer limit from the date of the alleged tort or breach, with an exception for a foreign object left in the body (40 P.S. § 1303.513).
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Shared Fault: Pennsylvania's 51% Rule
Pennsylvania uses a modified comparative negligence rule. If the plaintiff’s negligence is not greater than the defendants’ causal negligence, recovery is allowed but reduced by the plaintiff’s share (42 Pa.C.S. § 7102(a)).
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.
Where several parties share the blame, the rule is several liability in 42 Pa.C.S. § 7102(a.1)(2), with joint and several liability for intentional torts, intentional misrepresentation, a 60% or greater share, hazardous substance releases, and Liquor Code § 497 violations.
Why Your Auto Policy Can Change a Crash Claim
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)).
Which option applies to a given crash depends on the policy: a named insured’s election applies to all insureds on that policy who are not named insureds elsewhere, and when policies conflict, the insured is bound by the option of the policy for the vehicle in which he or she was an occupant if insured on it, and by full tort otherwise (75 Pa.C.S. § 1705(b)(2)). A person who owns no registered private passenger vehicle and is not insured under any such policy is not precluded from seeking noneconomic loss (§ 1705(b)(3)). Covered auto policies must also include a medical benefit of $5,000 (75 Pa.C.S. § 1711(a)).
Government Defendants: Different Rules and Caps
Local governments have broad immunity under 42 Pa.C.S. § 8541. The exceptions in § 8542(b), including vehicles, personal property, real property, traffic signs and lights, utility facilities, streets, sidewalks, and animals, apply only where damages would be recoverable at common law and the agency’s negligence caused the injury (§ 8542(a)).
There are statutory caps. A local agency’s liability is limited to $500,000 in the aggregate (42 Pa.C.S. § 8553(b)), and the types of loss are restricted, including pain and suffering only for death or permanent loss of function, disfigurement, or dismemberment when medical and dental expenses exceed $1,500 (§ 8553(c)).
A claim involving a state agency, such as a road under PennDOT’s control, follows the sovereign immunity exceptions in 42 Pa.C.S. § 8522(b) and the damages caps in § 8528(b): $250,000 for any plaintiff and $1,000,000 in the aggregate.
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.
The Courts That Hear Snyder County Injury Cases
Pennsylvania’s trial court of general jurisdiction is the Court of Common Pleas, which has unlimited original jurisdiction (42 Pa.C.S. § 931). Magisterial district judges hear civil claims up to $12,000, exclusive of interest and costs (§ 1515(a)(3)), and compulsory arbitration cannot be required for a matter where the amount in controversy exceeds $50,000 (§ 7361(b)(2)).
The trial court for Selinsgrove is the Court of Common Pleas of Snyder County, part of the Seventeenth Judicial District (42 Pa.C.S. §§ 901, 951), and the county seat is Middleburg. The Seventeenth Judicial District covers Snyder and Union counties together.
The Claims That Come Up Most in Snyder County
Car, Truck, and Motorcycle Accidents
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.
A person bound by limited tort still recovers as if under full tort when the at-fault vehicle was registered in another state (75 Pa.C.S. § 1705(d)(1)).
Injuries on Someone Else’s Property
Premises injuries, such as a fall on a wet floor, an unlit stairway, or a broken step, turn on whether the owner or occupier was negligent. The injured person’s own share of the fault is weighed under 42 Pa.C.S. § 7102, and the two-year deadline in § 5524 applies.
Claims involving government-owned property have a six-month notice requirement (42 Pa.C.S. § 5522) and are limited to the listed exceptions, including real property and sidewalks (§ 8542(b)).
Bitten by a Dog
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)).
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
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.
Defective Products and Work Injuries
A product liability claim alleges that a product was defective. In Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014), the Pennsylvania Supreme Court held that a plaintiff in a strict liability case may prove a defect under either a consumer-expectations standard or a risk-utility standard.
Employees generally cannot sue their employer for a work injury because of the exclusivity provision (77 P.S. § 481(a)), but they may sue a third party at law (§ 481(b)).
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Injury Claims in Selinsgrove and Snyder County
The rules on this page are statewide, but the practical details are local. For a Selinsgrove claim that means Snyder County, the Court of Common Pleas of Snyder County, and the county seat of Middleburg. Asking a local attorney how long cases usually take there helps put the deadlines in context.
Criminal cases follow different Pennsylvania rules, covered on our Selinsgrove criminal defense page.
Also serving: the Bloomsburg personal injury resource.
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.
What is a notice of claim in Pennsylvania?
It is the written statement required by 42 Pa.C.S. § 5522(a)(1): the injured person’s name and address, the date and hour of the accident, its approximate location, and the name of any attending physician, filed within six months.
How does shared fault reduce my compensation in Pennsylvania?
Damages are diminished in proportion to the negligence attributed to you (42 Pa.C.S. § 7102(a)). If you are found 30% at fault, for example, a $100,000 award becomes $70,000.
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.
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 brings a wrongful death lawsuit?
The personal representative of the deceased brings the wrongful death action for the benefit of those entitled by law (Pa.R.C.P. 2202(a); 42 Pa.C.S. § 8301).
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 happens to a dog after it bites someone?
It must be immediately confined and isolated for a minimum of ten days to determine the medical results of the confinement, and the victim is notified of those results (3 P.S. § 459-502(a), (b)).
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 bring an injury claim if I get workers’ compensation?
Possibly, against someone other than your employer. The employee may bring an action at law against a third party who caused the injury (77 P.S. § 481(b)), even though the employer’s liability is exclusive (§ 481(a)).
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