Pennsylvania Personal Injury Laws

When an injury is not immediately apparent, the statute of limitations begins running from the date the plaintiff knew or should have known of the injury and its cause.

If the injured person is a minor (under 18), the statute of limitations is tolled until they turn 18. They then have 2 years to file.

Wrongful death actions must be filed within 2 years of the date of death.

Claims against the Commonwealth or local government agencies require written notice within 6 months of the injury. The underlying 2-year statute of limitations still applies.

Pennsylvania does not cap compensatory damages in general personal injury cases.

Pennsylvania has no statutory cap on punitive damages, but courts review awards for excessiveness. Punitive damages require proof of outrageous conduct by clear and convincing evidence.

Filing fees for civil complaints vary by county. Philadelphia County and Allegheny County tend to be on the higher end.

Cases are generally filed in the county where the cause of action arose or where the defendant resides or does business.

A defendant who is 60% or more at fault is jointly and severally liable for the full amount of economic damages. Defendants less than 60% at fault are only severally liable for their proportional share. Exception: intentional tortfeasors and those liable for releasing hazardous substances remain jointly and severally liable regardless of percentage.

A wrongful death action may be brought by the spouse, children, or parents of the deceased to recover damages for loss of companionship. A survival action is brought by the personal representative for damages the decedent would have been entitled to had they survived.

Drivers who chose limited tort can recover for pain and suffering only if the injury qualifies as a "serious injury" (death, serious impairment of body function, or permanent serious disfigurement). Full tort policyholders have no such restriction. Passengers and pedestrians have full tort rights regardless.