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Your York 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 York, Pennsylvania’s rules on deadlines, shared fault, and auto insurance are written down, and knowing them early helps. 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 York County practice can turn these general rules into a plan for your claim.
Quick Answers on Deadlines, Fault, and Claims
- 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.
- Government defendants have their own clock: a written notice of claim within six months (42 Pa.C.S. § 5522).
- 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.
- Two auto insurance options exist in Pennsylvania: full tort and limited tort (75 Pa.C.S. § 1705), and the difference can change what a crash claim is worth.
- 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).
The Two-Year Filing Deadline and Its Exceptions
For most injury claims the clock is two years. Section 5524 of Title 42 applies it to injuries to the person and to deaths caused by another’s negligence or wrongful act, and it also reaches other negligent, intentional, or tortious conduct not covered by a different limit.
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.
If a city, county, township, transit agency, or Commonwealth agency may be responsible, the notice deadline is six months, not two years (42 Pa.C.S. § 5522(a)). The written notice must identify the injured person, the date and hour, and the approximate location, and a Commonwealth agency case also requires a filing with the Attorney General. A court must excuse a failure to file on a showing of reasonable excuse (§ 5522(a)(2)).
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.
Where several parties share the blame, the rule is several liability in 42 Pa.C.S. § 7102(a.1)(2), with joint and several liability for intentional torts, intentional misrepresentation, a 60% or greater share, hazardous substance releases, and Liquor Code § 497 violations.
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)).
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.
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)).
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.
Claims Against Cities, Counties, and State Agencies
Local agencies, such as cities, boroughs, and townships, are generally immune from damages (42 Pa.C.S. § 8541), and liability exists only for the listed exceptions, where the damages would be recoverable at common law and the injury was caused by the negligent acts of the agency or an employee (§ 8542(a)). The listed categories include operating a motor vehicle, care of personal property, care of real property, traffic controls and street lighting, utility service facilities, streets, sidewalks, and 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)).
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.
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.
Which Court Handles a Claim From York
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.
In York County the Court of Common Pleas is the Nineteenth Judicial District (42 Pa.C.S. §§ 901, 951). It is the court for a lawsuit from York, and York is the county seat.
The Claims That Come Up Most in York County
Auto Accident 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.
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)).
Injuries on Someone Else’s Property
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.
Property owned by a state agency is governed by sovereign immunity exceptions for real estate, highways, and sidewalks (42 Pa.C.S. § 8522(b)).
Dog Attacks
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)).
Beyond medical costs, recovery for other losses is an ordinary injury claim, with the two-year deadline in 42 Pa.C.S. § 5524.
When an Injury Is Fatal
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).
The two-year deadline in 42 Pa.C.S. § 5524 applies to actions for the death of an individual.
Defective Products and Job-Related 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.
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).
Have questions about your injury claim? Connect with an attorney.
Injury Claims in York and York County
An injury in York belongs to York 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 York and in the magisterial district that may hear a smaller claim.
If you are facing a criminal charge instead, see criminal defense help in York.
Other Pennsylvania cities nearby: the Shamokin personal injury resource.
Frequently Asked Questions
When does the clock start on a personal injury claim?
The two-year period under 42 Pa.C.S. § 5524 applies to actions for injuries to the person and for death caused by another’s negligence. An attorney can look at the date of the injury and any rule that changes the count.
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 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)).
Can I get pain and suffering under limited tort?
Only if the injury is a serious injury, which the statute defines as death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. §§ 1702, 1705(d)), or if an exception applies.
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.
Who brings a wrongful death lawsuit?
The personal representative of the deceased brings the wrongful death action for the benefit of those entitled by law (Pa.R.C.P. 2202(a); 42 Pa.C.S. § 8301).
Does the deadline change if a child was hurt?
Yes. For an unemancipated minor, the period of minority is not counted, and the person has the same time to file after turning 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.
Which court hears a personal injury case in York County?
The Court of Common Pleas of York County is the Nineteenth Judicial District (42 Pa.C.S. §§ 901, 951), and it has unlimited original jurisdiction under § 931.
Is a workplace injury a personal injury case in Pennsylvania?
Partly. The claim against the employer is handled through workers’ compensation (77 P.S. § 481(a)), and a claim against another party, such as an equipment maker, can be a personal injury case (§ 481(b)).
Get Started With an Attorney in York
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.
