Personal Injury Lawyer: How a Pennsylvania Injury Claim Works, Start to Finish

What a personal injury lawyer does in Pennsylvania

A personal injury lawyer proves that someone else is legally responsible for your injury and presses the insurance company to pay the full value of your losses under Pennsylvania law. In practice that means investigating the accident, collecting medical proof, dealing with every insurer involved, calculating damages, and filing suit before the deadline if the claim doesn't settle.

Warren I. Siegel, Esq. has been admitted in Pennsylvania since 1992 (PA Attorney ID 65342). His practice centers on automobile accidents, slip and fall cases and medical malpractice, and he has served the court system as a court-appointed arbitrator, a Settlement Master for the Court of Common Pleas, and a Discovery Master in medical malpractice matters in Philadelphia.

What you must prove: the four elements of negligence

Injury claims in Pennsylvania are usually negligence claims. You, the plaintiff, have to show each of these:

• Duty: the other party owed you a duty of reasonable care, such as a driver's duty to watch the road or a store's duty to deal with hazards
• Breach: they fell short of that duty, for example by running a red light or leaving a spill on the floor
• Causation: that failure actually caused your injury, not a preexisting condition or some other event
• Damages: you suffered real losses, such as medical bills, lost pay or physical pain

Damages you can recover

Damages fall into two groups. Economic damages are the losses with a paper trail: past and future medical expenses, lost wages, lost earning capacity if you can't return to the same work, and out-of-pocket costs. Non-economic damages cover what doesn't come with a receipt: pain and suffering, emotional distress, embarrassment and the loss of the ordinary pleasures of life. A spouse may also have a claim for loss of consortium.

When an injury is fatal, Pennsylvania allows a wrongful death action for the family and a survival action for the estate (42 Pa.C.S. §§ 8301 and 8302). See our wrongful death page for how those claims differ.

Rules that can reduce or bar your recovery

Comparative negligence. Pennsylvania follows modified comparative negligence (42 Pa.C.S. § 7102). If you were partly at fault, your damages are reduced by your percentage of fault. If your share is greater than the combined fault of the people you're suing, you recover nothing. Insurers use this rule to argue fault onto the injured person, so evidence gathered early matters.

Limited tort. In car crash cases, the tort option on your own auto policy can decide whether you can recover for pain and suffering. Under 75 Pa.C.S. § 1705, a person with limited tort generally can't recover non-economic damages unless the injury is a serious injury, defined in § 1702 as death, serious impairment of body function, or permanent serious disfigurement. There are exceptions. Our limited tort vs full tort guide explains them.

Government defendants. Claims against Commonwealth agencies, local governments and SEPTA face immunity rules, narrow exceptions and damage caps set by statute. They also require written notice within six months (42 Pa.C.S. § 5522).

Who pays in a personal injury claim

The at-fault person rarely pays out of pocket. Payment usually comes from insurance, and a single case can involve several policies:

• The at-fault party's liability insurance: auto, homeowner's, business or professional liability
• Your own first-party auto medical benefits after a crash (every Pennsylvania auto policy must carry at least $5,000, 75 Pa.C.S. § 1711), which pay regardless of fault
• Your uninsured or underinsured motorist coverage, if you bought it, when the other driver has no insurance or not enough
• Workers' compensation, when you were hurt on the job, alongside any claim against a third party
• Health insurance, Medicare or Medicaid, which may later claim repayment from your recovery

Deadlines: the statute of limitations

In Pennsylvania, a personal injury lawsuit generally must be filed within two years of the injury (42 Pa.C.S. § 5524). Some claims have shorter clocks, like the six-month written notice for claims against a government agency or SEPTA. Others can be extended, such as when the injury couldn't reasonably have been discovered right away, or when the injured person is a minor, whose time generally doesn't start running until age 18 (§ 5533).

Don't count on an exception. The rules depend on the type of claim and the defendant, and missing a deadline usually ends the case for good. Our statute of limitations guide covers the details, but the safest step is to talk to a lawyer well before the two years are up.

How a personal injury case moves, from consultation to resolution

Every case is different, but Pennsylvania injury claims usually move through these stages:

• Free consultation: you describe what happened, and the lawyer looks at liability, insurance and deadlines
• Investigation: police or incident reports, photos, witness statements, video and records are gathered and preserved
• Treatment: you follow your doctors' care plan, and the medical records build the damages proof
• Demand: once your condition is clear, the lawyer sends the insurer a demand package supporting the claim's value
• Negotiation: the insurer responds, and many claims settle at this stage
• Lawsuit: if not, suit is filed in the proper court, often the Delaware County Court of Common Pleas in Media or the Philadelphia Court of Common Pleas
• Discovery: both sides exchange documents and take depositions
• Resolution: mediation, a compulsory arbitration hearing for some smaller cases, settlement, or trial

Settle or go to trial?

Many people want a fair result without a trial, and a large share of cases resolve by settlement. A settlement is certain and faster. A trial puts the decision in the hands of a judge or jury, takes longer and carries risk for both sides. The right choice depends on the evidence, the insurance available and the offer on the table, and it's always your decision to make.

What makes an insurer offer more is a well-documented case that is ready for trial. That's why good cases are prepared from the first week as if they might be tried.

Types of personal injury cases

Personal injury covers many kinds of accidents. Each has its own rules and evidence. We handle car, truck, motorcycle, bicycle, pedestrian, rideshare and hit-and-run crashes; SEPTA bus, trolley and train injuries; slip and fall and other premises liability claims; dog bites; construction accidents and workers' compensation; medical malpractice and birth injuries; nursing home abuse and neglect; and wrongful death. Each has a dedicated page on this site.

What it costs to hire us

Your Legal Warrior works on contingency. There is no attorney fee unless we recover, and the firm advances all case costs, which are repaid only from a recovery. If there is no recovery, you owe nothing. The office is at 8000 West Chester Pike in Upper Darby, and the phone is answered 24 hours a day. For a free, confidential review of your claim, call (267) 412-4601 or send the free case review form.