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Your Doylestown 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 Doylestown, 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. An attorney who handles Bucks County claims can tell you which of these rules apply to your situation.
The Short Answers: Deadlines, Fault, and Insurance
- How long do I have to sue? Usually 2 years (42 Pa.C.S. § 5524). The clock is the same for a car crash, a fall, or a fatal accident.
- Government defendants have their own clock: a written notice of claim within six months (42 Pa.C.S. § 5522).
- 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.
- After a car accident, check your tort option. Under limited tort, pain and suffering requires a serious injury as the statute defines it (75 Pa.C.S. §§ 1702, 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).
The Two-Year Filing Deadline and Its Exceptions
For most injury claims the clock is two years. Section 5524 of Title 42 applies it to injuries to the person and to deaths caused by another’s negligence or wrongful act, and it also reaches other negligent, intentional, or tortious conduct not covered by a different limit.
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)).
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)).
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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What Happens When You Are Partly to Blame
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
Under 75 Pa.C.S. § 1705, the tort option on a private passenger auto policy is either full tort or limited tort. Full tort preserves claims for noneconomic loss (subsection (c)); limited tort preserves economic loss claims but precludes noneconomic loss claims unless there is a serious injury (subsection (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.
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)).
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)).
Injuries on Public Property or Involving Public Vehicles
Under 42 Pa.C.S. § 8541 a local agency is generally not liable for damages, and § 8542 opens only specific doors: negligent acts of the agency or its employees that fall into a listed category, such as vehicle operation, personal property, real property, traffic controls and street lighting, utility facilities, streets, sidewalks, or animals (§ 8542(b)).
Section 8553 of Title 42 limits what can be recovered from a local agency: $500,000 in the aggregate per cause of action or occurrence (§ 8553(b)), with pain and suffering available only in cases of death, or permanent loss of a bodily function, permanent disfigurement or permanent 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 Bucks 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)).
For a case from Doylestown, the trial court is the Court of Common Pleas of Bucks County, which serves the Seventh Judicial District (42 Pa.C.S. §§ 901, 951). The county seat is Doylestown.
Common Injury Claims in Doylestown
Car, Truck, and Motorcycle Accidents
After a collision, the questions are fault, injuries, and insurance. Which tort option applies can change whether pain and suffering is recoverable (75 Pa.C.S. § 1705), a medical benefit of $5,000 is required on covered policies (§ 1711(a)), and any fault assigned to you reduces the recovery (42 Pa.C.S. § 7102).
Damages for economic loss remain available under either option (75 Pa.C.S. § 1705(c), (d)).
Falls and Unsafe Property Conditions
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 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
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.
When an Injury Is Fatal
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).
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)).
Defective Products and Work 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.
For injuries at work, an employer’s liability under the Workers’ Compensation Act is exclusive (77 P.S. § 481(a)), but an injured employee may bring an action at law against a third party who caused the injury (§ 481(b)).
Was someone else at fault? Talk to an attorney in Bucks County.
Local Court Details for Doylestown
Doylestown cases are heard in Bucks 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 Bucks County matters can watch those dates for you.
If you are facing a criminal charge instead, see criminal defense help in Doylestown.
Other Pennsylvania cities nearby: Bethlehem personal injury attorneys, the Norristown personal injury resource.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Pennsylvania?
Two years is the general rule. An action to recover damages for injuries to the person, or for a death caused by another’s wrongful act or negligence, must be commenced within two years (42 Pa.C.S. § 5524).
What if a government body caused my injury?
A written notice must be filed within six months of the injury with the government unit, and with the Attorney General for a Commonwealth agency (42 Pa.C.S. § 5522(a)(1)). If it is not, the case is dismissed unless the court finds a reasonable excuse (§ 5522(a)(2)).
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.
Does a broken bone meet the serious injury threshold?
It depends on the injury and the medical evidence. The question is whether the injury meets the statutory definition in 75 Pa.C.S. § 1702, and an attorney can review your records against it.
What if a loved one died from a car accident in Doylestown?
A death caused by another driver’s negligence can support both a wrongful death action (42 Pa.C.S. § 8301) and a survival action (§ 8302), generally within two years (§ 5524).
What happens to the two-year deadline for minors?
For a minor, the two-year period under 42 Pa.C.S. § 5524 is counted from age 18 rather than from the injury (§ 5533(b)(1)).
What should I do after a dog bite in Doylestown?
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).
Which court hears a personal injury case in Bucks County?
The Court of Common Pleas of Bucks County is the Seventh Judicial District (42 Pa.C.S. §§ 901, 951), and it has unlimited original jurisdiction under § 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)).
Talk to an Attorney About Your Doylestown Injury
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