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Your Lancaster Personal Injury Attorney
After a crash, a fall, or a dog bite, the first weeks are a scramble. The steadying part is that Pennsylvania law is specific about how long you have to sue, how shared fault is handled, and when a government defendant changes the rules. 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 Lancaster County. These rules apply across Pennsylvania, but where a case is filed depends on the county, and an attorney familiar with the Court of Common Pleas of Lancaster County can explain what to expect there.
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.
- If a government body is involved, notice is due in 6 months (42 Pa.C.S. § 5522). A court can excuse a late notice only for a reasonable excuse.
- 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.
- 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: the action is brought by the personal representative for the spouse, children, or parents (42 Pa.C.S. § 8301; Pa.R.C.P. 2202), and a separate survival action is allowed (§ 8302).
Filing Deadlines for Injury and Wrongful Death Claims in Pennsylvania
The main deadline is set by 42 Pa.C.S. § 5524: an action for injuries to the person, or for the death of an individual caused by another’s wrongful act, neglect, unlawful violence, or negligence, must be commenced within two years.
Age matters. A minor’s time to sue does not begin to run until age 18 (42 Pa.C.S. § 5533(b)(1)), while insanity or imprisonment does not extend anyone’s time unless another statute says it does (§ 5533(a)).
Families should know that a wrongful death action (42 Pa.C.S. § 8301) and a survival action (§ 8302) are separate claims, and that § 5524 sets two years for actions for a death caused by another’s negligence.
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)).
Section 5522(a)(3) softens the rule for units other than the Commonwealth: incapacity from the injury (up to 90 days) does not count against the six months, a death starts the period at the death, and actual or constructive notice of the incident or condition prevents a bar.
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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Fault Percentages and Your Recovery
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.
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.
Full Tort, Limited Tort, and What Each Allows
Section 1705 of Title 75 sets the two choices. Full tort leaves noneconomic damages available (§ 1705(c)); limited tort leaves economic damages available and limits noneconomic damages to serious injuries (§ 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.
Read the exceptions before assuming limited tort ends a claim. Recovery as if under full tort is allowed when the at-fault person was convicted of or accepted ARD for DUI in that accident, was driving an out-of-state vehicle, intended to injure, or was uninsured as the chapter requires (75 Pa.C.S. § 1705(d)(1)); § 1705(d)(2) and (3) preserve other full tort rights.
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
A claim against a local government body depends on fitting a category. Governmental immunity is the starting point (42 Pa.C.S. § 8541), and the exceptions in § 8542(b) cover the operation of motor vehicles, care of personal and real property, dangerous conditions of traffic controls, utilities, streets and sidewalks, and animals, when negligence of the agency or an employee caused the injury.
Even a successful claim against a local agency is capped: $500,000 in the aggregate under 42 Pa.C.S. § 8553(b), with pain and suffering limited by § 8553(c) to death and permanent loss of a bodily function, disfigurement or dismemberment where medical and dental expenses are over $1,500.
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.
The six-month notice rule in 42 Pa.C.S. § 5522 and these caps work together, so a fall on a public sidewalk or a crash with a public vehicle is a claim to review early.
Court Structure for Injury Claims in Lancaster 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 trial court for Lancaster is the Court of Common Pleas of Lancaster County, part of the Second Judicial District (42 Pa.C.S. §§ 901, 951), and the county seat is Lancaster.
The Claims That Come Up Most in Lancaster County
Collisions and Crash Injuries
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.
Damages for economic loss remain available under either option (75 Pa.C.S. § 1705(c), (d)).
Premises Liability 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.
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.
Dog Bite Injuries
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.
When an Injury Is Fatal
A wrongful death action may be brought for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another, and the right of action exists for the benefit of the spouse, children, or parents of the deceased (42 Pa.C.S. § 8301(a), (b)). It is brought by the personal representative for the benefit of those entitled by law (Pa.R.C.P. 2202(a)).
Both actions are subject to the two-year limit in 42 Pa.C.S. § 5524.
Defective Products and Work Injuries
When a defective product causes an injury, the claim can be brought against the maker or seller, and under Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014), the defect may be shown under a consumer-expectations standard or a 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 Lancaster County.
Lancaster: Courts, Counties, and Getting Started
Deadlines and fault rules are the same across Pennsylvania, and the courthouse is not. An injury in Lancaster is handled in Lancaster County, and getting the timeline for that court from an attorney who practices there is a sound first step.
Other Pennsylvania cities nearby: our coverage in West Chester.
Frequently Asked Questions
Can I still file a lawsuit for an injury from a while ago?
It depends on how long ago. Two years is the general limit (42 Pa.C.S. § 5524). Some situations change the count, such as a claim by a minor (§ 5533(b)(1)), but insanity or imprisonment does not extend the time on its own (§ 5533(a)).
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.
Is Pennsylvania a comparative negligence state?
Yes, in its modified form. 42 Pa.C.S. § 7102(a) allows recovery when the plaintiff’s negligence is not greater than the defendants’ causal negligence, with damages reduced proportionally.
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.
What counts as a serious injury under limited tort?
The statute defines a serious injury as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. § 1702).
What can a family recover in a wrongful death case?
In addition to other damages, the plaintiff may recover reasonable hospital, nursing, medical, funeral, and administration expenses caused by the injuries (42 Pa.C.S. § 8301(c)). Other damages depend on the case.
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).
Which court hears a personal injury case in Lancaster County?
The Court of Common Pleas of Lancaster County is the Second 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)).
Connect With a Lancaster Personal Injury Attorney
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