Personal Injury Lawsuit in Pennsylvania
Filing a personal injury lawsuit in Pennsylvania is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
No-Fault
Auto System
$18,000 – $80,000
Avg Settlement
Lawsuit Steps in Pennsylvania
Hire an Attorney
Most personal injury attorneys in Pennsylvania work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Pennsylvania court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Pennsylvania court rules.
Key Pennsylvania Law Facts
Pennsylvania is a choice no-fault state — when purchasing auto insurance, drivers choose between "limited tort" (restricts right to sue for pain and suffering unless injuries are serious) and "full tort" (preserves all rights to sue), significantly affecting future legal options.
Pennsylvania applies modified comparative fault under 42 Pa.C.S. § 7102 with a 51% bar — plaintiffs who are 51% or more at fault cannot recover damages, while those with lesser fault have their award reduced proportionally by their assigned fault percentage.
Personal injury lawsuits must be filed within 2 years from the date of injury under 42 Pa.C.S. § 5524; claims against government entities are governed by the Pennsylvania Sovereign Immunity Act with specific procedural requirements and damage caps for different categories of injury.