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Your Wilkes-Barre 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 Wilkes-Barre, 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 Luzerne County claims can tell you which of these rules apply to your situation.
Quick Answers on Deadlines, Fault, and Claims
- 2 years is the general limit to file a lawsuit for a personal injury or a wrongful death (42 Pa.C.S. § 5524), with different rules for minors and government defendants.
- 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.
- 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.
Time Limits: When an Injury Claim Must Be Filed
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.
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.
A government defendant changes the calendar. Section 5522(a) of Title 42 requires written notice within six months of the injury, and dismissal follows if notice is not filed, unless the court finds a reasonable excuse for the failure (§ 5522(a)(2)). For a Commonwealth agency the notice also goes to the Attorney General.
Where the government unit is not the Commonwealth itself, 42 Pa.C.S. § 5522(a)(3) excludes up to 90 days of incapacity from the notice period, starts the period at death in a fatal case, and does not treat missed notice as a bar if the unit had actual or constructive notice.
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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Comparative Negligence and the 51% Bar
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.
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.
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.
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)).
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 does not apply to everyone in every crash. A person bound by it may recover as if full tort had been chosen when the at-fault person was convicted of or accepted ARD for driving under the influence in that accident, was driving a vehicle registered in another state, intended to injure, or had not maintained financial responsibility (75 Pa.C.S. § 1705(d)(1)). Full tort rights are also kept against those in the business of designing, manufacturing, or repairing motor vehicles for a vehicle defect (§ 1705(d)(2)), and by an occupant of a motor 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)).
Suing a Government Unit in Pennsylvania
Whether a city, borough, or township can be sued turns on 42 Pa.C.S. §§ 8541 and 8542. Immunity is the rule, and the exceptions are a closed list that includes vehicles, personal and real property, traffic controls and lighting, utility service facilities, streets, sidewalks, and animals.
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.
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.
Which Court Handles a Claim From Wilkes-Barre
Three numbers frame the choice of court: unlimited jurisdiction in the Court of Common Pleas (42 Pa.C.S. § 931), $12,000 for civil claims before a magisterial district judge (§ 1515(a)(3)), and $50,000 as the ceiling for compulsory arbitration (§ 7361(b)(2)).
A Wilkes-Barre injury lawsuit that reaches the trial court is filed in the Court of Common Pleas of Luzerne County. That court is the Eleventh Judicial District (42 Pa.C.S. §§ 901, 951), and Wilkes-Barre is the county seat.
Types of Personal Injury Claims
Car, Truck, and Motorcycle Accidents
A crash claim starts with proving who was at fault and how the injuries occurred, and then with the auto policies involved. The tort election (75 Pa.C.S. § 1705) and the required $5,000 medical benefit (§ 1711(a)) shape what is available, and the fault rule in 42 Pa.C.S. § 7102 reduces the award by the injured person’s share.
If the at-fault driver was convicted of or accepted ARD for DUI in the accident, limited tort does not stand in the way (75 Pa.C.S. § 1705(d)(1)).
Slip and Fall and Premises Injuries
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.
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 Attacks
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)).
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.
Death Caused by Another’s Negligence
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)).
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
A product liability claim alleges that a product was defective. In Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014), the Pennsylvania Supreme Court held that a plaintiff in a strict liability case may prove a defect under either a consumer-expectations standard or a risk-utility standard.
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)).
Hurt in Wilkes-Barre? Find out where your claim stands.
Wilkes-Barre: Courts, Counties, and Getting Started
The rules on this page are statewide, but the practical details are local. For a Wilkes-Barre claim that means Luzerne County, the Court of Common Pleas of Luzerne County, and the county seat of Wilkes-Barre. Asking a local attorney how long cases usually take there helps put the deadlines in context.
Charged with a crime rather than injured? Read about criminal defense in Wilkes-Barre.
Also serving: our coverage in Forest City.
Frequently Asked Questions
How much time do I have to sue for an injury in Pennsylvania?
Generally two years (42 Pa.C.S. § 5524). Different rules apply to minors, whose years before age 18 are not counted (§ 5533(b)(1)), and to government defendants (§ 5522).
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.
How does shared fault reduce my compensation in Pennsylvania?
Damages are diminished in proportion to the negligence attributed to you (42 Pa.C.S. § 7102(a)). If you are found 30% at fault, for example, a $100,000 award becomes $70,000.
Does my limited tort choice stop me from suing after a car accident?
Not always. Under limited tort you can still seek economic loss (75 Pa.C.S. § 1705(d)), and several exceptions restore full tort recovery, including an at-fault driver’s DUI conviction or ARD in the accident (§ 1705(d)(1)).
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 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.
Can a minor file an injury lawsuit after turning 18?
Yes. The period of minority does not count against the time to sue, and the same time period applies once the person reaches 18 (42 Pa.C.S. § 5533(b)(1)).
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.
What is the small claims limit in Pennsylvania?
Civil claims up to $12,000, exclusive of interest and costs, can be brought before a magisterial district judge (42 Pa.C.S. § 1515(a)(3)). Larger claims are filed in the Court of Common Pleas (§ 931).
What if someone other than my employer caused my work injury?
Then you may have a third-party claim, which is an action at law against that party (77 P.S. § 481(b)), separate from workers’ compensation against the employer.
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