Pennsylvania Car Accident Attorneys

Pennsylvania gives you two years from the date of the car accident to file a personal injury lawsuit. This deadline applies whether you're filing against another driver, a trucking company, or any other responsible party. If you're filing against a government entity (like PennDOT or a city bus), you must submit a written notice of intent within just six months. For wrongful death claims from a fatal car accident, the two-year clock runs from the date of death. Missing these deadlines almost always means losing your right to compensation entirely.

This is the most important question for any PA car accident victim. When you purchased your auto insurance, you chose between full tort and limited tort. Full tort preserves your unrestricted right to sue for all damages, including pain and suffering, regardless of injury severity. Limited tort saves about 15% on premiums but restricts your ability to recover non-economic damages unless your injuries meet the legal definition of 'serious injury' — meaning death, serious impairment of a body function, or permanent serious disfigurement. Even with limited tort, exceptions exist: if the at-fault driver was convicted of DUI, was driving an unregistered vehicle, was from out of state, or was a commercial vehicle operator.

Yes, but only up to a point. Pennsylvania follows a modified comparative negligence system with a 51% bar. If a jury assigns you 30% fault, your compensation is reduced by 30%. But if you're found 51% or more responsible, you recover nothing. Insurance adjusters aggressively use this rule — arguing that you were texting, failed to signal, or were following too closely — to push your fault percentage above the 51% threshold and eliminate your entire claim.

Your recovery depends on your tort selection. All drivers can recover economic damages: medical bills, lost wages, property damage, and future care costs — with no cap. If you have full tort (or qualify for an exception to limited tort), you can also recover non-economic damages: pain and suffering, emotional distress, and loss of enjoyment of life — also with no cap. Pennsylvania does not impose statutory caps on compensatory damages in standard car accident cases. PIP coverage (minimum $5,000 in medical benefits) pays first regardless of fault.

After any car accident in PA, your own Personal Injury Protection (PIP) coverage pays for initial medical bills — the state requires a minimum of $5,000 in medical benefits. This happens regardless of who caused the crash. Beyond PIP, your rights depend on your tort selection. Full tort: you can pursue the at-fault driver's insurance for all damages including pain and suffering. Limited tort: you can recover economic losses but generally cannot sue for pain and suffering unless you meet the 'serious injury' threshold or qualify for an exception. Pennsylvania requires minimum liability coverage of $15,000/$30,000/$5,000.

Pennsylvania's layered insurance system — combining choice no-fault, full tort vs. limited tort, minimum PIP, the 51% comparative fault bar, and strict government claim deadlines — creates more complexity than almost any other state. Driver behavior is the leading factor in 83% of PA crashes, and insurance companies use every tool available to minimize payouts. A car accident attorney works on a contingency fee basis (you pay nothing unless they win) and can review your tort selection, identify exceptions, counter fault-shifting tactics, and maximize your recovery.