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.
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.