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★ Pennsylvania · head & brain

Head & brain settlements
in Pennsylvania.

By Reviewed by Abd Shanti, Founder9 min read

Pennsylvania adds delay damages to large verdicts, and brain injury awards here can reach eight figures. A Philadelphia pedestrian with a skull fracture won $12.98 million, and a driver with lasting brain damage saw his judgment grow to $10.79 million.

Facts that decide a head & brain claim in Pennsylvania

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)
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
united states · sister site
Your head & brain claim in Pennsylvania. See the number for your own case.

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★ PA · reported head & brain outcomes

What Pennsylvania courts have awarded.

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

  • Spencer v. Johnson
    Pennsylvania Superior Court · 2021
    $12,983,311.47 verdict, affirmed

    In October 2014 a car driven by Cleveland Johnson struck Keith Spencer as he lawfully crossed a West Philadelphia street. Spencer suffered a skull fracture, multiple brain injuries and hemorrhagic contusions. The jury split fault 36%, 19% and 45% among the driver and two other defendants and awarded $683,311.47 in past medical costs, $7,300,000 for future care and $5,000,000 in noneconomic damages. The Superior Court affirmed.

  • Potochnick v. Perry
    Pennsylvania Superior Court · 2004
    $10,786,397.25 judgment, affirmed

    John Potochnick suffered a severe cerebral concussion and a grand mal seizure in a 1988 collision that his doctor said caused further brain damage, and he later developed a seizure disorder, depression and organic brain syndrome. After an eight day trial the jury awarded him $5,000,000 and his wife $1,000,000; with delay damages the judgment was $10,786,397.25, and it was affirmed.

★ PA · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Pennsylvania.

  1. 1

    Future care dominates catastrophic awards. Spencer’s $7.3 million for future medical care exceeded his pain and suffering award.

  2. 2

    Time adds money. Potochnick’s $6 million verdict became a $10.79 million judgment largely because of delay damages.

  3. 3

    Every responsible party counts. In Spencer the jury assigned fault to the driver and two other defendants, 36%, 19% and 45%.

★ 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).

★ head & brain · 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 head & brain claims.

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

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.