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★ US · Northeast

Personal injury in
Pennsylvania.

By Reviewed by Abd Shanti, Founder7 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.

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★ 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.

★ PA · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Pennsylvania law.

★ PA · court decisions

What Pennsylvania courts have decided.

Reported Pennsylvania decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ PA · rules that decide claims

The rules in Pennsylvania.

Statutes and rulings that come up again and again in Pennsylvania injury claims, each with its source.

Limited tort optionA driver who chose limited tort can recover noneconomic damages only for a “serious injury”: “a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”75 Pa.C.S. §§ 1705, 1702, as quoted in Varner-Mort v. Kapfhammer (Pa. Super. 2015)
Deadline to sueTwo years for personal injury claims, with the discovery rule deciding when the clock starts in some cases.42 Pa.C.S. § 5524, as applied in Varner-Mort v. Kapfhammer (Pa. Super. 2015)
Fault ruleContributory negligence “shall not bar recovery ... where such negligence was not greater than the causal negligence of the defendant”; damages are reduced by the plaintiff’s share.42 Pa.C.S. § 7102(a), as quoted in Matthews v. Batroney (Pa. Super. 2019)
Seat belt useNot used as evidence in any civil action.75 Pa.C.S. § 4581(e), in the MyClaimWorth seat belt chart
Closing argumentStrong closing remarks about the defense do not require a new trial unless they cause bias or prejudice that prevents a fair verdict.Farese v. Robinson (Pa. Super. 2019)
Fault split among defendantsThe jury apportions liability among defendants, including an owner who helped conceal the vehicle after a hit and run.Spencer v. Johnson (Pa. Super. 2021)
Delay damagesDelay damages are added to the verdict for the period the case was pending, which can greatly increase the judgment.Potochnick v. Perry (Pa. Super. 2004)
CausationA jury may find a defendant negligent in some respect yet find it was not a factual cause of the injury, and award nothing.Derbyshire v. Frankford Hospital (Pa. Super. 2024)
★ other US jurisdictions

Compare across United States.

How Pennsylvania compares with its neighbours in the Northeast on fault rule and limitation period.

JurisdictionFault ruleLimitation
Pennsylvania· you are hereModified comparative, 51% bar2 years from date of injury
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
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
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 York (NY)Pure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice
Rhode Island (RI)Pure comparative negligence3 years from date of injury
Vermont (VT)Modified comparative, 51% bar3 years from date of injury

Every United States jurisdiction compared

★ PA · frequently asked

Common questions.

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

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★ federal context
Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority
Sources we cite

The statutes, guidelines and court sites the pages cite.

★ 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.