Back & spine settlements
in Pennsylvania.
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 argument | Strong 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 sue | Two 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 rule | Contributory 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 option | A 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 use | Not used as evidence in any civil action.75 Pa.C.S. § 4581(e), in the MyClaimWorth seat belt chart |