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★ Pennsylvania · back & spine

Back & spine settlements
in Pennsylvania.

By Reviewed by Abd Shanti, Founder9 min read

Pennsylvania juries can return large verdicts for spine injuries from ordinary rear end crashes. A driver whose Mustang was hit from behind by a work van was awarded $2,579,000, and the Superior Court affirmed.

Facts that decide a back & spine claim in Pennsylvania

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)
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)
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)
Seat belt useNot used as evidence in any civil action.75 Pa.C.S. § 4581(e), in the MyClaimWorth seat belt chart
★ PA · reported back & spine outcomes

What Pennsylvania courts have awarded.

Real Pennsylvania decisions and verdicts, each linked to the court record or official report.

  • Pennsylvania Superior Court · 2019
    $2,579,000 verdict, affirmed

    In August 2014 Louis Farese’s 1998 Ford Mustang convertible was struck from behind by a work van in Delaware County. He claimed cervical and lumbar disc herniations and strains. The jury awarded $2,579,000, including $1,248,000 in noneconomic damages, $900,000 for future medical costs and $15,000 for past medical bills, and the Superior Court rejected the defense challenges to counsel’s closing and affirmed.

★ PA · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Pennsylvania.

  1. 1

    Future medical care drives spine awards. Farese’s $900,000 for future care was the second largest part of the verdict.

  2. 2

    Commercial vehicles bring larger policies. The van in Farese belonged to a business, which is often why these cases reach trial.

  3. 3

    Noneconomic damages were the largest single item. The $1,248,000 for pain and loss of life’s pleasures in Farese reflected herniations at two levels of the spine.

  4. 4

    Limited tort drivers must still clear the serious injury test before noneconomic damages; full tort drivers do not face that test.

★ PA · statute of limitations
2 years from date of injury

42 Pa.C.S. § 5524

★ PA · fault rule
Modified comparative, 51% bar

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

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Pennsylvania's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Pennsylvania · you are hereModified comparative, 51% bar2 years from date of injury—
Rhode IslandPure comparative negligence3 years from date of injuryRI · back & spine →
VermontModified comparative, 51% bar3 years from date of injuryVT · back & spine →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · back & spine →
DelawareModified comparative, 51% bar2 years from date of injuryDE · back & spine →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · back & spine →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · back & spine →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · back & spine →
TexasModified comparative, 51% bar2 years from date of injuryTX · back & spine →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · back & spine →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · back & spine →
South DakotaSlight versus gross negligence3 years from date of injurySD · back & spine →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · back & spine →
★ PA · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Pennsylvania. See /methodology, /sources, and /disclaimer.