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PA
US · Northeast

Personal injury in
Pennsylvania.

By 7 min read

Pennsylvania applies modified-51 comparative fault under the Fair Share Act with a choice no-fault auto regime — drivers elect limited tort or full tort.

Pennsylvania operates modified-51 comparative negligence under the 2011 Fair Share Act. Drivers elect "limited tort" or "full tort" at the time of policy purchase. Limited-tort policyholders waive the right to sue for non-economic damages except in cases of serious injury. There is no general statutory cap on non-economic damages. The MCARE Fund provides an overlay for medical-malpractice claims above the defendant provider's primary coverage. The PI statute of limitations is two years.

statute of limitations
2 years from date of injury

42 Pa.C.S. § 5524

fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault under the Fair Share Act (2011).

PA · key facts

What makes Pennsylvania different.

The handful of details that distinguish this jurisdiction from its neighbours.

other US jurisdictions

Compare across United States.

How Pennsylvania compares to its sibling jurisdictions in United States on fault rule and limitation period.

JurisdictionFault ruleLimitation
Pennsylvania· you are hereModified comparative — 51% bar2 years from date of injury
Alabama (AL)Pure contributory negligence2 years from date of injury
Alaska (AK)Pure comparative negligence2 years from date of injury or discovery
Arizona (AZ)Pure comparative negligence2 years from date of injury
Arkansas (AR)Modified comparative — 50% bar3 years for personal injury; 2 years for medical malpractice
California (CA)Pure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Colorado (CO)Modified comparative — 50% bar2 years for personal injury; 3 years for motor vehicle
Connecticut (CT)Modified comparative — 51% bar2 years from date of injury
Delaware (DE)Modified comparative — 51% bar2 years from date of injury
District of Columbia (DC)Pure contributory negligence3 years from date of injury
Florida (FL)Modified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)Modified comparative — 50% bar2 years from date of injury
Hawaii (HI)Modified comparative — 51% bar2 years from date of injury
Idaho (ID)Modified comparative — 50% bar2 years from date of injury
Illinois (IL)Modified comparative — 51% bar2 years from date of injury
Indiana (IN)Modified comparative — 51% bar2 years from date of injury
Iowa (IA)Modified comparative — 51% bar2 years from date of injury
Kansas (KS)Modified comparative — 50% bar2 years from date of injury
Kentucky (KY)Pure comparative negligence1 year for personal injury (one of the shortest in the US)
Louisiana (LA)Pure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Maine (ME)Modified comparative — 50% bar6 years for personal injury — longest in the US
Maryland (MD)Pure contributory negligence3 years from date of injury
Massachusetts (MA)Modified comparative — 51% bar3 years from date of injury
Michigan (MI)Modified comparative — 51% bar3 years from date of injury
Minnesota (MN)Modified comparative — 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Mississippi (MS)Pure comparative negligence3 years from date of injury
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Montana (MT)Modified comparative — 51% bar3 years from date of injury
Nebraska (NE)Modified comparative — 50% bar4 years for personal injury; 2 years for medical malpractice
Nevada (NV)Modified comparative — 51% bar2 years for personal injury; 3 years for medical malpractice
New Hampshire (NH)Modified comparative — 51% bar3 years from date of injury
New Jersey (NJ)Modified comparative — 51% bar2 years from date of injury
New Mexico (NM)Pure comparative negligence3 years from date of injury
New York (NY)Pure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice
North Carolina (NC)Pure contributory negligence3 years from date of injury
North Dakota (ND)Modified comparative — 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative — 51% bar2 years from date of injury
Oklahoma (OK)Modified comparative — 51% bar2 years from date of injury
Oregon (OR)Modified comparative — 51% bar2 years from date of injury
Rhode Island (RI)Pure comparative negligence3 years from date of injury
South Carolina (SC)Modified comparative — 51% bar3 years from date of injury
South Dakota (SD)Pure comparative negligence3 years from date of injury
Tennessee (TN)Modified comparative — 50% bar1 year from date of injury — among the shortest in the US
Texas (TX)Modified comparative — 51% bar2 years from date of injury
Utah (UT)Modified comparative — 50% bar4 years for personal injury; 2 years for medical malpractice
Vermont (VT)Modified comparative — 51% bar3 years from date of injury
Virginia (VA)Pure contributory negligence2 years from date of injury
Washington (WA)Pure comparative negligence3 years from date of injury
West Virginia (WV)Modified comparative — 51% bar2 years from date of injury
Wisconsin (WI)Modified comparative — 51% bar3 years from date of injury
Wyoming (WY)Modified comparative — 51% bar4 years from date of injury
PA · frequently asked

Common questions.

Common questions about personal injury claims in Pennsylvania, answered with the relevant statutory references.

editorial note

This page summarises the Pennsylvania statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Pennsylvania. See /methodology, /sources, and /disclaimer.