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Your West Hazleton 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. The sections that follow cover the filing deadlines, the fault rule, the limited tort and full tort choice, claims against government bodies, the courts, and the kinds of injuries most often behind a claim. Talking with an attorney who knows Luzerne County practice can turn these general rules into a plan for your claim.
Deadlines and Fault Rules: The Short Version
- Deadline for most injury lawsuits: 2 years from the date of the injury (42 Pa.C.S. § 5524). Wrongful death claims are held to the same two years.
- Claims against a government body: written notice within 6 months of the injury (42 Pa.C.S. § 5522), which is much shorter than the two-year lawsuit deadline.
- The 51% bar (42 Pa.C.S. § 7102): your award drops by your percentage of fault, and above 50% it drops to zero.
- 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).
- If a loved one died: a wrongful death action (42 Pa.C.S. § 8301) and a survival action (§ 8302) each have a two-year limit (§ 5524).
Filing Deadlines for Injury and Wrongful Death Claims in Pennsylvania
Start with the two-year limit in 42 Pa.C.S. § 5524, which covers personal injury and wrongful death actions caused by another’s wrongful act, neglect, or negligence.
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)).
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.
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)).
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
Partial blame reduces a claim but does not always end it. Section 7102(a) of Title 42 allows recovery where the plaintiff’s negligence is not greater than the defendants’, with damages diminished in proportion to the plaintiff’s negligence.
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
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.
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)).
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)).
Commonwealth parties, such as state agencies and their employees, have sovereign immunity with listed exceptions, including vehicle liability, medical-professional liability, care of personal property, Commonwealth real estate, highways and sidewalks, potholes and other dangerous conditions of highways, and animals (42 Pa.C.S. § 8522(b)). Damages are limited to $250,000 for any plaintiff and $1,000,000 in the aggregate (§ 8528(b)).
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 Luzerne County
The Court of Common Pleas has unlimited original jurisdiction over civil claims (42 Pa.C.S. § 931). Smaller claims can go to a magisterial district judge, whose civil jurisdiction reaches $12,000 exclusive of interest and costs (§ 1515(a)(3)). By statute, a matter above $50,000 cannot be sent to compulsory arbitration (§ 7361(b)(2)).
In Luzerne County the Court of Common Pleas is the Eleventh Judicial District (42 Pa.C.S. §§ 901, 951). It is the court for a lawsuit from West Hazleton, and Wilkes-Barre is the county seat.
What Kinds of Injury Cases Do We See in West Hazleton?
Motor Vehicle Accident Claims
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.
An occupant of a vehicle other than a private passenger motor vehicle keeps full tort rights (75 Pa.C.S. § 1705(d)(3)).
Slip and Fall and Premises Injuries
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)).
Dog Bite Injuries
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.
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
Wrongful death damages include reasonable hospital, nursing, medical, and funeral expenses and expenses of administration, in addition to other damages (42 Pa.C.S. § 8301(c)). The action is brought by the personal representative for the benefit of those entitled by law (Pa.R.C.P. 2202(a)).
The two-year deadline in 42 Pa.C.S. § 5524 applies to actions for the death of an individual.
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.
Employees generally cannot sue their employer for a work injury because of the exclusivity provision (77 P.S. § 481(a)), but they may sue a third party at law (§ 481(b)).
Injured in West Hazleton? Talk to an attorney about your deadlines.
What to Know About Cases in West Hazleton
An injury in West Hazleton belongs to Luzerne County and its Court of Common Pleas. Local practice, such as how quickly cases are listed and how arbitration is used, shapes how the general rules on this page play out, and a local attorney can tell you what that looks like in Wilkes-Barre and in the magisterial district that may hear a smaller claim.
Charged with a crime rather than injured? Read about criminal defense in West Hazleton.
Also serving: personal injury representation from Pottsville.
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).
Is there a shorter deadline for claims against the government?
Yes, six months for written notice (42 Pa.C.S. § 5522(a)), compared with two years to file a lawsuit (§ 5524). A court must excuse a failure to give notice on a showing of reasonable excuse (§ 5522(a)(2)).
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.
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.
How does Pennsylvania define a serious injury?
Under 75 Pa.C.S. § 1702, it is a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement.
What if a loved one died from a car accident in West Hazleton?
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).
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)).
Is there a specific dog bite law in Pennsylvania?
The Dog Law (3 P.S. § 459-502) sets rules for confinement, notice, and the owner’s responsibility for medical treatment costs. Claims for other losses follow the ordinary injury rules, including the two-year limit in 42 Pa.C.S. § 5524.
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 Luzerne County.
Can I sue my employer if I was hurt at work?
Generally not. An employer’s liability under the Workers’ Compensation Act is exclusive (77 P.S. § 481(a)). A claim against a third party who caused the injury can proceed separately (§ 481(b)).
Talk to an Attorney About Your West Hazleton Injury
Questions about deadlines, fault, the tort election, or a government notice are exactly what an initial conversation is for. Use the form to get matched with an attorney who can answer them for your case.
