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Your Montgomery 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 Montgomery, Pennsylvania’s rules on deadlines, shared fault, and auto insurance are written down, and knowing them early helps. 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 Lycoming 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 Lycoming County can explain what to expect there.
The Short Answers: Deadlines, Fault, and Insurance
- The two-year rule: most injury and wrongful death actions must be started within two years (42 Pa.C.S. § 5524).
- Hurt on public property or by a public vehicle? Give written notice within 6 months (42 Pa.C.S. § 5522), and get advice quickly.
- 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).
- 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).
- Families have rights after a fatal accident: wrongful death and survival actions under 42 Pa.C.S. §§ 8301 and 8302, generally within two years.
Filing Deadlines for Injury and Wrongful Death Claims in Pennsylvania
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.
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)).
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)).
For a government unit other than the Commonwealth, the six months does not include up to 90 days during which the injured person could not give notice because of incapacity from the injury, the period starts at death if the injury results in death, and failure to give notice is not a bar if the unit had actual or constructive notice of the incident or condition (§ 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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Comparative Negligence and the 51% Bar
Under 42 Pa.C.S. § 7102(a), a claim survives if your negligence was not greater than the negligence of the defendants, and the damages are reduced in proportion to your share.
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.
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)).
Why Your Auto Policy Can Change a Crash Claim
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)).
A “serious injury” is defined in the statute as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. § 1702). Whether a particular injury meets that definition is often disputed.
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.
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 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.
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 Lycoming County
Most serious injury lawsuits are filed in the Court of Common Pleas, which has unlimited original jurisdiction (42 Pa.C.S. § 931). Civil claims up to $12,000 can be filed with a magisterial district judge (§ 1515(a)(3)), and § 7361(b)(2) prevents compulsory arbitration where more than $50,000 is at stake.
A Montgomery injury lawsuit that reaches the trial court is filed in the Court of Common Pleas of Lycoming County. That court is the Twenty-ninth Judicial District (42 Pa.C.S. §§ 901, 951), and Williamsport is the county seat.
Common Injury Claims in Montgomery
Collisions and Crash Injuries
In a car, truck, or motorcycle case, three things usually decide the outcome: who was at fault under 42 Pa.C.S. § 7102, which tort option applies under 75 Pa.C.S. § 1705, and whether the injury meets the serious injury definition in § 1702 when limited tort is in play.
A vehicle defect can support a separate claim against a manufacturer or repairer, and limited tort does not limit that claim (75 Pa.C.S. § 1705(d)(2)).
Falls and Unsafe Property Conditions
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.
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)).
Bitten by a Dog
The Dog Law contains a rule about medical costs: any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner or keeper (3 P.S. § 459-502(b)(1)). It also requires confinement of the dog after a bite (§ 459-502(a)).
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.
Fatal Accident 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).
Damages are distributed to the beneficiaries in the proportion they would take the decedent’s personal estate in intestacy (42 Pa.C.S. § 8301(b)).
Injuries From Products and On the Job
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.
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).
Not sure which deadline applies to your injury? Get matched with an attorney.
Injury Claims in Montgomery and Lycoming County
Montgomery cases are heard in Lycoming 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 Lycoming County matters can watch those dates for you. This page is about Montgomery Borough in Lycoming County, not any of the other Pennsylvania municipalities or counties with the name Montgomery.
Criminal cases follow different Pennsylvania rules, covered on our Montgomery criminal defense page.
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).
Can I sue a township or borough for a fall on a sidewalk?
Sometimes. Local agencies are generally immune (42 Pa.C.S. § 8541), with exceptions that include streets and sidewalks (§ 8542(b)), and damages are capped at $500,000 in the aggregate (§ 8553(b)). Written notice within six months is required (§ 5522).
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.
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)).
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.
How long do we have to file a wrongful death claim?
Two years for an action for the death of an individual caused by another’s negligence (42 Pa.C.S. § 5524). Claims against a government unit also require written notice within six months, and for a unit other than the Commonwealth that period starts at the death (§ 5522(a)(3)(ii)).
Does imprisonment extend the deadline to file an injury claim?
Not on its own. Insanity or imprisonment does not extend the time to commence a matter unless another statute says so (42 Pa.C.S. § 5533(a)).
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).
Can a magisterial district judge hear my injury claim?
Yes, for civil claims up to $12,000 exclusive of interest and costs (42 Pa.C.S. § 1515(a)(3)). Larger claims belong in the Court of Common Pleas of Lycoming County.
Can I bring an injury claim if I get workers’ compensation?
Possibly, against someone other than your employer. The employee may bring an action at law against a third party who caused the injury (77 P.S. § 481(b)), even though the employer’s liability is exclusive (§ 481(a)).
Take the Next Step in Your Montgomery Claim
If you are unsure where to start, the form above is the simplest first step. It connects you with an attorney who can explain your options in Montgomery and what the next few weeks may involve.
