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★ Pennsylvania · head & brain

Head & brain 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 head & brain 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 head & brain 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 head & brain 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 head & brain cases. The band is constrained primarily by jury verdict ranges, insurance policy limits, and the strength of the medical paper trail. Catastrophic head & brain claims with documented future care needs can clear the upper end of the band without bumping into a statutory ceiling.

Pennsylvania operates a choice no-fault auto framework: drivers elect between full tort and limited tort at policy inception. For head & brain claims arising from auto accidents, the election matters — limited-tort claimants face a higher threshold before non-economic damages become recoverable. Pennsylvania offers limited-tort vs full-tort election. Limited-tort policyholders waive non-economic damages except in serious-injury cases.

★ band · US federal frame
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

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

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

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ 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 severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Pennsylvania courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 – $100,000Reported decisions
Severe traumatic brain injury$500,000 – multi-millionCatastrophic-case reported decisions
★ 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 DakotaPure comparative 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.

★ all of PA
Pennsylvania overview

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

★ federal 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 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.