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Your Easton Personal Injury Attorney
If you or someone in your family was injured in Easton, 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. Below you will find the key deadlines at a glance, how fault is shared, how the auto insurance tort election works, what changes when a government body is involved, and which court hears a case from Northampton County. An attorney who handles Northampton County claims can tell you which of these rules apply to your situation.
Quick Answers on Deadlines, Fault, and Claims
- 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.
- Six months is the notice window for claims against government units (42 Pa.C.S. § 5522), and damages against them are capped by statute (§§ 8528, 8553).
- 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).
How Pennsylvania Counts the Time to Sue
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.
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)).
Fatal accidents can support a wrongful death action (42 Pa.C.S. § 8301) and a survival action (§ 8302). Each is an action for the death of an individual caused by another’s negligence, so the two-year period in § 5524 applies.
When the defendant is a government unit, the first deadline is the six-month written notice in 42 Pa.C.S. § 5522(a)(1), filed with the unit and, for a Commonwealth agency, the Attorney General. Failure to file leads to dismissal unless a reasonable excuse is shown (§ 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)).
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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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.
The numbers work like this: at 30% fault, an award of $100,000 becomes $70,000; at 50% it becomes $50,000; at 51% or more the claim is barred. Because a single percentage point can decide the outcome, how fault is proven matters as much as how much was lost.
When more than one defendant is responsible, each is liable only for its own percentage of the total damages (several liability), and the court enters a separate judgment against each (42 Pa.C.S. § 7102(a.1)(2)). Liability is joint and several for intentional torts, intentional misrepresentation, a defendant found 60% or more liable, certain hazardous substance releases, and Liquor Code § 497 violations (§ 7102(a.1)(3)).
The Pennsylvania Tort Option After a Crash
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 statute defines a serious injury as one resulting in death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. § 1702). Medical evidence usually decides whether an injury qualifies.
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)).
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.
Suing a Government Unit in Pennsylvania
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 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)).
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.
Where an Injury Case From Easton 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)).
For a case from Easton, the trial court is the Court of Common Pleas of Northampton County, which serves the Third Judicial District (42 Pa.C.S. §§ 901, 951). The county seat is Easton.
Common Injury Claims in Easton
Collisions and Crash Injuries
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).
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)).
Slip, Trip, and Fall Claims
A slip and fall claim is a negligence claim, so the same two-year deadline (42 Pa.C.S. § 5524) and 51% fault bar (§ 7102) apply as in other injury cases.
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)).
Animal Bite Claims
Dog bite cases begin with the Dog Law’s medical cost rule, under which the owner or keeper of a biting dog pays the victim’s treatment costs (3 P.S. § 459-502(b)(1)), and with a confinement period of at least ten days for the dog (§ 459-502(a)).
A child bitten by a dog has the added protection of the minority rule in 42 Pa.C.S. § 5533(b)(1), which does not count the years before age 18.
Wrongful Death and Survival Claims
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.
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).
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Easton: Courts, Counties, and Getting Started
If you are hurt in Easton, a lawsuit will be filed in Northampton County, in the Court of Common Pleas of Northampton County, unless another county is proper. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above, including the two-year limit and any government notice.
If the issue is a criminal charge, our Easton criminal defense page explains the Pennsylvania rules.
Other Pennsylvania cities nearby: Doylestown personal injury attorneys.
Frequently Asked Questions
What is the statute of limitations for an injury claim in Pennsylvania?
Most injury and wrongful death actions must be commenced within two years (42 Pa.C.S. § 5524). Claims against government units have a separate six-month written notice requirement (§ 5522).
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 is Pennsylvania’s 51% rule?
It is the modified comparative negligence bar: at 50% or less you recover a reduced amount, and at 51% or more recovery is barred, because your negligence is greater than the defendants’ (42 Pa.C.S. § 7102(a)).
Which tort option applies to me after a crash?
The named insured’s election applies to all insureds on the policy. When policies conflict, the policy for the vehicle you occupied controls if you are insured on it, and full tort applies otherwise (75 Pa.C.S. § 1705(b)(2)).
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.
Does being incapacitated extend the time to sue?
Insanity or imprisonment does not extend the time unless a statute provides otherwise (42 Pa.C.S. § 5533(a)). For claims against a government unit other than the Commonwealth, up to 90 days of incapacity from the injury is excluded from the six-month notice period (§ 5522(a)(3)(i)).
Who pays my medical bills after a dog bite in Pennsylvania?
Under the Dog Law, any 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, and the Commonwealth is not liable for those costs (3 P.S. § 459-502(b)(1)).
Where will my injury lawsuit be filed in Northampton County?
Most injury lawsuits are filed in the Court of Common Pleas of Northampton County, which has unlimited original jurisdiction (42 Pa.C.S. § 931) and is part of the Third Judicial District (§ 901). The county seat is Easton.
How do workers’ compensation and a personal injury claim fit together?
The employer’s liability is exclusive (77 P.S. § 481(a)), but the employee’s action at law against a third party is preserved (§ 481(b)). Deadlines such as the two-year limit in 42 Pa.C.S. § 5524 still apply to the lawsuit.
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