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Pennsylvania · fracture

Fracture settlements
in Pennsylvania.

By 6 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. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Pennsylvania's modified comparative — 51% bar.

Pennsylvania applies modified comparative negligence with a 51% bar. A fracture claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability fracture cases where the comparative-fault split is close to even.

Pennsylvania does not impose a state-specific statutory cap on the standard heads of damage in fracture cases. The band is constrained primarily by jury verdict ranges, insurance policy limits, and the strength of the medical paper trail. Catastrophic fracture claims with documented future care needs can clear the upper end of the band without bumping into a statutory ceiling.

band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Pennsylvania's fault rule and any applicable cap then adjust the figure.

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).

fracture · neighbouring jurisdictions

Compare to neighbours.

How Pennsylvania's fault rule and limitation period compare to other US jurisdictions for fracture claims.

JurisdictionFault ruleLimitationFracture page
Pennsylvania · you are hereModified comparative — 51% bar2 years from date of injury
AlabamaPure contributory negligence2 years from date of injuryAL · fracture
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · fracture
DelawareModified comparative — 51% bar2 years from date of injuryDE · fracture
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · fracture
HawaiiModified comparative — 51% bar2 years from date of injuryHI · fracture
PA · fracture · frequently asked

Common questions.

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

editorial note

Figures on this page are starting points: the US band adjusted for Pennsylvania's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Pennsylvania. See /methodology, /sources, and /disclaimer.