State Law Resources

Pennsylvania personal injury rules: deadlines, fault and government claims

Pennsylvania allows two years for personal injury suits, applies a modified comparative negligence rule under which a plaintiff may recover only if their negligence is not greater than the defendants’, and requires six-month written notice for many claims against government units.

Jurisdiction: Pennsylvania · Last reviewed October 14, 2026 · Verified against official sources

General information, not legal advice

These summaries describe the general rule in each cited provision. Deadlines can be shortened, extended or paused by other rules, and the correct deadline depends on the type of claim, the defendant and the facts. If a deadline may be close, speak with a lawyer licensed in Pennsylvania promptly.

Filing deadline: personal injury

Applies to
Actions for injuries to the person or death caused by the wrongful act, neglect, unlawful violence or negligence of another
In plain English
Such actions must be commenced within two years.
Legal provision
42 Pa.C.S. § 5524(2)
Official source
Pennsylvania General Assembly (opens in a new tab)
Exceptions
Other periods and tolling rules can apply, for example for minors. Exceptions and special circumstances may apply.
Last reviewed
October 14, 2026

Shared fault: modified comparative negligence

Applies to
Negligence actions for death or injury to person or property
In plain English
Contributory negligence does not bar recovery where it was not greater than the causal negligence of the defendant or defendants against whom recovery is sought; damages are reduced in proportion to the plaintiff’s negligence. In practical terms, a plaintiff whose share is 50% or less may recover a reduced amount, while a plaintiff whose share is greater than the defendants’ is barred.
Legal provision
42 Pa.C.S. § 7102(a)
Official source
Pennsylvania General Assembly (opens in a new tab)
Exceptions
Section 7102 also contains rules on apportioning liability among multiple defendants, which are not summarized here. Exceptions and special circumstances may apply.
Last reviewed
October 14, 2026

Government claims: written notice

Applies to
Civil actions against a Pennsylvania government unit for injury to person or property
In plain English
Within six months from the date the injury was sustained or the cause of action accrued, the claimant must file a signed written statement with the government unit (and, for a Commonwealth agency, with the Attorney General) giving specified information about the claim and incident.
Legal provision
42 Pa.C.S. § 5522(a)
Official source
Pennsylvania General Assembly (opens in a new tab)
Exceptions
A court must excuse failure to file on a showing of reasonable excuse; for non-Commonwealth units, the failure is not a bar if the unit had actual or constructive notice, and periods of incapacity up to 90 days may be excluded. Immunity statutes also limit which claims may be brought. Exceptions and special circumstances may apply.
Last reviewed
October 14, 2026

What this page does not cover

This page does not cover medical malpractice, product liability, workers’ compensation, wrongful death procedure, damage caps outside government claims, insurance minimums, or every exception within the cited statutes. ClaimSettleIQ’s Settlement Estimator does not apply these rules automatically; its fault illustration uses only the rule you select.

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