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Your Chester Personal Injury Attorney
If you or someone in your family was injured in Chester, you are probably looking for plain answers about time limits, fault, and what a claim involves. Pennsylvania sets several of those by statute, so many answers can be checked. 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. The facts of your injury decide which rule controls, and an attorney who practices in Pennsylvania courts can sort that out quickly.
Pennsylvania Injury Claim Rules at a Glance
- 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).
- Shared fault: 51% is the bar. You can recover if your share of the fault is not greater than the other side’s, but the award is reduced by your percentage (42 Pa.C.S. § 7102).
- Auto claims: limited tort or full tort? The choice on your policy decides whether you can seek pain and suffering damages without a serious injury (75 Pa.C.S. § 1705).
- Wrongful death claims belong to the spouse, children, or parents, through the personal representative (42 Pa.C.S. § 8301; Pa.R.C.P. 2202).
How Long Do You Have to File an Injury Lawsuit?
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.
Minors are treated differently. If the person entitled to sue is an unemancipated minor when the claim accrues, the years of minority do not count, and the same time period starts once the person turns 18 (42 Pa.C.S. § 5533(b)(1)). Insanity or imprisonment does not extend the time by itself, unless another statute says so (§ 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.
A government defendant changes the calendar. Section 5522(a) of Title 42 requires written notice within six months of the injury, and dismissal follows if notice is not filed, unless the court finds a reasonable excuse for the failure (§ 5522(a)(2)). For a Commonwealth agency the notice also goes to the Attorney General.
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)).
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
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)).
Put in numbers, a plaintiff 40% at fault receives 60% of the damages found, a plaintiff 50% at fault receives half, and a plaintiff 51% at fault receives nothing. The gap between 50% and 51% is where many disputes are fought.
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.
Why Your Auto Policy Can Change a Crash Claim
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)).
The definition in 75 Pa.C.S. § 1702 is narrow: death, serious impairment of body function, or permanent serious disfigurement. An injury that is painful but does not meet it can be treated differently under limited tort.
There are exceptions. Under 75 Pa.C.S. § 1705(d)(1), someone bound by limited tort recovers as if under full tort if the at-fault person was convicted of or accepted ARD for DUI in the accident, drove a vehicle registered in another state, intended to injure, or lacked required financial responsibility. Full tort rights are also retained against vehicle manufacturers and repairers for defects (§ 1705(d)(2)) and by occupants of vehicles other than private passenger vehicles (§ 1705(d)(3)).
Working out the applicable option can take some care. Under 75 Pa.C.S. § 1705(b)(2), the named insured’s choice covers other insureds on the policy, and when two policies conflict the occupant rule decides, with full tort as the fallback. Someone with no registered vehicle and no policy coverage is not precluded from seeking noneconomic loss (§ 1705(b)(3)). Separately, § 1711(a) requires the policy to include a $5,000 medical benefit.
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)).
Damages are limited by statute. For local agencies the ceiling is $500,000 in the aggregate (42 Pa.C.S. § 8553(b)) and pain and suffering is available only in the narrow cases in § 8553(c).
For state agencies the framework is 42 Pa.C.S. § 8522, which lifts sovereign immunity only for listed categories such as vehicles, medical care in Commonwealth facilities, personal property, Commonwealth real estate, highways and sidewalks, potholes, and animals, and § 8528(b), which caps damages at $250,000 per plaintiff and $1,000,000 in the aggregate.
Combined with the six-month written notice in 42 Pa.C.S. § 5522, these rules make speed important whenever public property or a public vehicle may be involved.
Court Structure for Injury Claims in Delaware County
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)).
The Court of Common Pleas of Delaware County hears lawsuits arising in Chester. It forms the Thirty-second Judicial District under 42 Pa.C.S. § 901, and its county seat is Media.
The Claims That Come Up Most in Delaware County
Auto Accident Injuries
A crash claim starts with proving who was at fault and how the injuries occurred, and then with the auto policies involved. The tort election (75 Pa.C.S. § 1705) and the required $5,000 medical benefit (§ 1711(a)) shape what is available, and the fault rule in 42 Pa.C.S. § 7102 reduces the award by the injured person’s share.
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
Fall cases depend on evidence gathered early: photographs of the hazard, incident reports, witness names, and maintenance records. The fault rule in 42 Pa.C.S. § 7102 means every detail about the injured person’s conduct can matter.
If the fall happened on a public sidewalk, a street, or public property, written notice within six months (42 Pa.C.S. § 5522) and the immunity exceptions for sidewalks, streets, and real property (§ 8542(b)) come into play.
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)).
Beyond medical costs, recovery for other losses is an ordinary injury claim, with the two-year deadline in 42 Pa.C.S. § 5524.
Wrongful Death and Survival Claims
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)).
Product Defects and Workplace Injuries
Injuries from defective products are decided under the framework in Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014), which allows a plaintiff to prove a defect through the consumer-expectations standard or the risk-utility standard.
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).
Was someone else at fault? Talk to an attorney in Delaware County.
Chester: Courts, Counties, and Getting Started
Chester cases are heard in Delaware County. Knowing which court you will be in, and how it schedules cases, matters because deadlines such as the two-year filing limit and the six-month government notice run regardless of the court, and an attorney who handles Delaware County matters can watch those dates for you.
If the issue is a criminal charge, our Chester criminal defense page explains the Pennsylvania rules.
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.
How soon do I have to act if a government vehicle hit me?
Quickly. The notice deadline is six months (42 Pa.C.S. § 5522), much shorter than the two-year lawsuit deadline, and immunity rules and damages caps apply to government defendants (§§ 8522, 8528, 8541, 8542, 8553).
What if I was 50% at fault?
You can still recover, reduced by 50%, because your negligence is not greater than the defendants’ (42 Pa.C.S. § 7102(a)). At 51% you could not.
Does my limited tort choice stop me from suing after a car accident?
Not always. Under limited tort you can still seek economic loss (75 Pa.C.S. § 1705(d)), and several exceptions restore full tort recovery, including an at-fault driver’s DUI conviction or ARD in the accident (§ 1705(d)(1)).
Who decides whether my injury is serious?
It depends on the evidence in your case, usually medical records and opinions, measured against the definition in 75 Pa.C.S. § 1702. Disputes are common.
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.
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)).
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).
What is compulsory arbitration in a Pennsylvania injury case?
It is a procedure where certain civil matters are first heard by a board of three lawyers when a court rule requires it. By statute, a matter cannot be sent to compulsory arbitration where the amount in controversy exceeds $50,000 (42 Pa.C.S. § 7361(b)(2)).
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.
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