If you’ve been injured in Pennsylvania due to someone else’s negligence, understanding Pennsylvania’s specific personal injury laws is essential and having an attorney who knows them can make the difference between full compensation and nothing.

Pennsylvania’s Modified Comparative Fault Rule

Pennsylvania follows a modified comparative fault system with a 51% bar. If you are found 50% or less at fault for your accident, you can still recover damages but your award is reduced proportionally by your fault percentage. If you are found 51% or more at fault, you cannot recover anything. Insurance companies will aggressively try to assign you partial fault to reduce or eliminate your claim. An experienced Pennsylvania personal injury attorney will build your case from the start to minimize your assigned fault percentage.

Pennsylvania’s Unique Auto Insurance System — Limited Tort vs. Full Tort

Pennsylvania is one of the few states with a choice no-fault system for auto accidents. When you purchase auto insurance in Pennsylvania, you choose between:

Limited Tort —

Lower premiums, but your right to sue for pain and suffering is restricted unless your injuries meet a “serious injury” threshold (permanent impairment, serious disfigurement, or death).

Full Tort —

Higher premiums, but you retain the full right to sue for pain and suffering regardless of injury severity. Knowing which coverage you selected is critical to understanding your legal options after an accident. A Pennsylvania personal injury attorney will review your policy immediately and advise you on what claims are available to you.

Pennsylvania’s Statute of Limitations

In Pennsylvania, you have two years from the date of injury to file a personal injury lawsuit. Wrongful death claims must also be filed within two years. Claims against government entities require a notice of claim within six months. Missing these deadlines permanently bars your right to compensation. Act promptly evidence disappears, witnesses forget, and insurance companies begin building their defense from day one.

Pennsylvania’s Legal Landscape

Pennsylvania has two major legal markets, Eastern and Western with different court cultures, judges, and jury tendencies. The Philadelphia Court of Common Pleas and Allegheny County Court of Common Pleas handle the highest volume of PI cases in the state. Other counties have their own distinct courts and procedures. A Pennsylvania attorney who regularly practices in your county’s court system brings local knowledge that out of state or general practice attorneys simply cannot match. Pennsylvania also has specific rules around medical malpractice venue, certificate of merit requirements for professional liability claims, and dram shop liability for alcohol-related accidents. These state specific rules require an attorney who knows Pennsylvania law inside and out.

Types of Personal Injury Cases We Handle in Pennsylvania

NeedAnAttorney.net connects injured Pennsylvania residents with attorneys who handle all types of personal injury matters, including motor vehicle accidents, truck and motorcycle crashes, workplace injuries, slip and fall incidents, premises liability claims, dog bites, wrongful death, and product liability cases.

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Personal Injury Attorney Referrals Beyond Pennsylvania

If your accident occurred across state lines, NeedAnAttorney.net connects clients with personal injury attorneys in neighboring states as well.

• New York Personal Injury Attorney
• New Jersey Personal Injury Attorney
• Delaware Personal Injury Attorney
• Maryland Personal Injury Attorney
• Ohio Personal Injury Attorney
• West Virginia Personal Injury Attorney

Do You Also Need an Intellectual Property Attorney in Pennsylvania?

If you or your business are dealing with a patent, trademark, copyright, or trade secret matter in Pennsylvania, NeedAnAttorney.net can help with that too. We match clients with experienced Pennsylvania intellectual property attorneys the same way no upfront fees, no directories, just a direct connection to the right attorney for your situation. Find a Pennsylvania IP Attorney

Frequently Asked Questions: Personal Injury Attorney, Pennsylvania

How long do I have to file a personal injury claim in Pennsylvania?

Pennsylvania’s statute of limitations for most personal injury claims is two years from the date of injury. Wrongful death claims must also be filed within two years. Claims against government entities require a notice of claim within six months. Contact an attorney immediately missing these deadlines permanently bars your right to compensation.

What is Pennsylvania’s modified comparative fault rule?

Pennsylvania follows modified comparative fault with a 51% bar. If you are found 50% or less at fault, you can still recover damages reduced proportionally by your fault percentage. If you are found 51% or more at fault, you cannot recover anything. An attorney will work to keep your assigned fault percentage as low as possible.

What is the difference between limited tort and full tort in Pennsylvania?

Pennsylvania requires auto insurance policyholders to choose between limited tort and full tort coverage. Limited tort restricts your right to sue for pain and suffering unless your injuries meet a serious injury threshold. Full tort preserves your full right to sue for pain and suffering regardless of injury severity. Your attorney will review your policy to determine which applies to your case.

What qualifies as a “serious injury” under Pennsylvania’s limited tort threshold?

Under Pennsylvania law, serious injury means death, serious impairment of a body function, or permanent serious disfigurement. If your injuries meet this threshold, you can pursue pain and suffering damages even under limited tort coverage. An attorney will evaluate whether your injuries qualify.

What compensation can I recover in a Pennsylvania personal injury case?

You may be entitled to medical expenses, future medical costs, lost wages, loss of earning capacity, pain and suffering, and property damage. Pennsylvania does not cap damages in most personal injury cases, though medical malpractice cases have specific procedural requirements.

Do I need a Pennsylvania-licensed attorney?

Yes. Your attorney must be licensed and in good standing with the Pennsylvania State Bar to represent you in Pennsylvania courts. NeedAnAttorney.net only connects clients with licensed Pennsylvania attorneys.

How much does a personal injury attorney cost in Pennsylvania?

Nothing upfront. Pennsylvania personal injury attorneys work on a contingency fee basis they only get paid if you win. There are no hourly fees and no out-of-pocket costs to get started.

What should I do immediately after an accident in Pennsylvania?

Seek medical attention first, even if symptoms seem minor. Document the scene with photos, collect witness contact information, file a police report, and avoid giving recorded statements to insurance adjusters before speaking with an attorney. Under Pennsylvania’s tort system, what you say early can affect your case significantly.

What if a government vehicle or government property caused my injury in Pennsylvania?

Claims against Pennsylvania government entities including PennDOT, municipalities, or the Commonwealth require a notice of claim filed within six months of the injury. Missing this notice deadline permanently bars your claim. Contact an attorney immediately if a government entity was involved.

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