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★ Pennsylvania · fracture

Fracture settlements
in Pennsylvania.

By Reviewed by Abd Shanti, Founder9 min read

A Pennsylvania fracture claim needs more than a fall and a broken bone. A woman who fractured her leg on broken cement outside a hospital lost because the jury found the hospital’s negligence did not cause her harm.

Facts that decide a fracture claim in Pennsylvania

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)
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)
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)
Claims against governmentNotice within 6 months; damages capped at $500,000 per occurrence for local agencies and $250,000 per plaintiff for the Commonwealth.42 Pa.C.S. §§ 5522, 8553, 8528, in the MyClaimWorth notice of claim chart
united states · sister site
Your fracture claim in Pennsylvania. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ PA · reported fracture outcomes

What Pennsylvania courts have awarded.

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

  • Derbyshire v. Frankford Hospital
    Pennsylvania Superior Court · 2024
    Zero damages; new trial denied, affirmed

    Derbyshire said that in May 2018 she slipped and fell on pieces of broken cement at the hospital’s premises, fracturing her left leg. She asked the court to direct a verdict for her on negligence and causation, but those issues went to the jury, which found for the hospital on causation and awarded nothing. The Superior Court held she was not entitled to a new trial on damages alone and affirmed.

★ PA · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Pennsylvania.

  1. 1

    Prove the link, not only the defect. Broken cement and a broken leg were not enough in Derbyshire once the jury doubted that the condition caused the fall.

  2. 2

    A new trial on damages alone is rare. Derbyshire could not get one because the jury had decided causation against her.

  3. 3

    Falls on public property need notice within six months and face damages caps.

  4. 4

    Asking for a directed verdict is a high bar. Derbyshire asked the judge to decide negligence and causation for her, but where the evidence conflicts those questions go to the jury.

  5. 5

    A leg fracture still needs a medical link. Records that tie the fracture to the fall at that spot, and rule out other causes, are what carry causation.

★ 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 · 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 fracture claims.

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

Common questions.

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

united states · sister site
Hurt in a car crash in Pennsylvania? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of PA
Pennsylvania overview

Fault rule, statute, caps, and key facts for Pennsylvania as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ 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.