Pennsylvania’s two year statute of limitations governs most personal injury claims, but shorter notice rules may apply when a government entity is involved. Deadlines are unforgiving, and evidence problems usually begin long before the deadline arrives.
When Legal Counsel Is Actually Needed
Many injury matters begin as insurance claims but become legal matters when liability, causation, coverage, or damages are disputed. At that point, legal strategy and procedural handling matter.
This is especially true when fault is contested, when injuries involve long term impairment or future medical needs, when multiple parties or third party liability are involved, when informal settlement efforts fail, or when litigation becomes necessary to protect the claim.
Our role is to determine whether a matter can be resolved efficiently through negotiation and, when necessary, pursue targeted litigation in the Allegheny County Court of Common Pleas or other appropriate court.
What Actually Works in Pennsylvania Personal Injury Claims
Personal injury claims succeed or fail based on evidence gathered in the first 48 hours, complete identification of all available insurance coverage, and medical documentation that explicitly connects each injury to the incident. The following elements are decisive:
- Immediate evidence preservation — photographs, witness statements, police reports, and medical records created within 24-48 hours carry more weight than reconstruction attempts weeks later
- Early identification of all coverage sources — the at-fault party’s liability policy, your UM/UIM coverage, umbrella policies, and homeowner’s coverage if premises liability applies
- Documentation of comparative fault defenses before they’re raised — Pennsylvania’s 51 percent bar means the insurance company will argue your fault percentage aggressively
- Causation evidence from treating physicians — medical records must explicitly connect each injury to the accident; gaps in treatment or delayed diagnosis weaken causation arguments
- Tort election verification within days — whether you elected full tort or limited tort on your auto policy determines whether you can recover pain and suffering damages in most vehicle accident cases
Personal Injury Matters We Handle
Personal injury claims in Pennsylvania arise primarily from negligence law. To recover damages, an injured person must establish that another party owed a legal duty of care, breached that duty, caused the injury, and produced measurable damages. Lebovitz & Lebovitz, P.A. represents injury victims in vehicle collisions, premises liability, wrongful death, and catastrophic injury matters throughout Pittsburgh and Western Pennsylvania.
Personal Injury Attorney Pittsburgh
Serious injuries only. One attorney, start to finish. Representation on contingency — legal fees paid from recovery only.
Pittsburgh personal injury attorney representing seriously injured people in auto accidents, truck accidents, wrongful death, and catastrophic injury cases on a contingent fee basis with direct attorney access from first call through resolution.
View personal injury overview →
Negligence Law & Comparative Fault
Who was at fault, by how much, and how Pennsylvania’s comparative negligence rules affect your recovery.
Establishing negligence requires proof of duty, breach, causation, and damages. Pennsylvania law allocates fault between all parties and reduces recovery proportionally.
View personal injury overview →
Auto, Truck & Motorcycle Accidents
Vehicle collision claims in Pittsburgh and Allegheny County, from liability to insurance coverage disputes.
Representing injury victims in car, truck, and motorcycle accidents, including multi-vehicle collisions, hit-and-run claims, and disputed liability cases.
View personal injury overview →
Premises Liability & Serious Falls
Property owner responsibility for dangerous conditions that cause injuries to visitors, tenants, and customers.
Slip and fall, trip and fall, and other premises liability claims requiring proof of notice, control, and the property owner’s failure to remedy a hazard.
View personal injury overview →
Slip and Fall Attorney Pittsburgh
The evidence that wins slip and fall cases disappears in days. Immediate attorney involvement preserves what you cannot.
Slip and fall claims in Pittsburgh and Allegheny County require immediate evidence preservation before surveillance footage is overwritten and hazards are remediated.
View personal injury overview →
Bicycle & eBike Accidents
Cyclist injury claims involving motor vehicles, road defects, and driver failures to yield in Pennsylvania.
Bicycle and eBike accident claims against negligent drivers and municipalities, including dooring, left-cross collisions, and unsafe road conditions.
View personal injury overview →
Pedestrian Accidents
When a pedestrian is struck by a vehicle, injuries are often catastrophic and fault allocation becomes the central dispute.
Pedestrian accident claims involving crosswalk violations, distracted driving, left-turn collisions, and comparative fault defenses in Pittsburgh and Allegheny County.
View personal injury overview →
Wrongful Death & Survival Actions
Pennsylvania wrongful death and survival act claims are separate causes of action with different beneficiaries and recoveries.
Wrongful death claims belong to the family; survival actions belong to the estate. Both may apply, and Pennsylvania law determines who receives what.
View personal injury overview →
Truck Accident Claims
FMCSA regulations require carriers to preserve electronic logs and maintenance records. Multiple liable parties and rapid evidence spoliation make early investigation critical.
Tractor-trailer, semi-truck, and commercial vehicle accident claims, including FMCSA compliance issues, driver logs, and carrier liability in Pennsylvania.
View personal injury overview →
Limited Tort vs. Full Tort
Your auto insurance election may block your injury claim. Whether the serious injury exception applies is often the central issue.
Pennsylvania drivers choose limited or full tort coverage. Limited tort bars most pain and suffering claims unless the serious injury threshold is met.
View personal injury overview →
Uninsured & Underinsured Motorist Claims
When the at-fault driver has no insurance or not enough, your own policy may be your primary source of recovery.
UM and UIM claims against your own insurer, including stacking, rejection of coverage, and bad faith denial of uninsured motorist benefits in Pennsylvania.
View personal injury overview →
Catastrophic Injury
Traumatic brain injury, spinal cord injury, and other permanent conditions that change every aspect of a person’s life.
Catastrophic injury cases require life care planning, vocational analysis, and full documentation of future needs to recover adequate compensation in Pennsylvania.
View personal injury overview →
Rear-End Collisions
Rear-end crashes carry a presumption of fault against the following driver, but insurers still dispute causation and injury severity.
Rear-end collision claims, including low-impact disputes, soft tissue injuries, and carrier arguments about whether the crash caused the injury.
View personal injury overview →
Dog Bite Claims
Under 3 Pa.C.S. § 459-502, dog owners face strict liability for medical costs from the first bite. Provocation and trespass are the primary defenses.
Pennsylvania imposes strict liability on dog owners for medical costs and may impose full liability for all damages if the dog has a history of dangerous behavior or the owner violated confinement requirements.
View personal injury overview →
Motorcycle Accident Claims
Motorcycles are excluded from Pennsylvania’s tort election system under 75 Pa.C.S. § 1705. Full tort rights apply automatically.
Motorcycle accident claims involve full tort recovery rights. Riders face bias from insurers and juries, and helmet use, lane positioning, and speed are common defense arguments.
View personal injury overview →
Workers’ Compensation & Social Security Disability
Workplace injuries and disabling conditions may involve separate benefit systems with distinct filing requirements, deadlines, and evidence standards.
Pennsylvania workers’ compensation and federal Social Security disability claims, including eligibility, the application process, and coordination with personal injury claims.
View personal injury overview →
Pennsylvania Liability, Compensation, and Coverage
Compensation may include medical expenses, lost income, future care needs, and non-economic damages such as pain and suffering. Permanent scarring, disfigurement, and loss of function are recognized under Pennsylvania law and should be documented from the beginning of the claim. One of the most overlooked sources of recovery in serious injury matters is uninsured and underinsured motorist coverage. When the at-fault party carries no insurance or insufficient coverage, UM or UIM benefits may become central to full recovery.
Personal injury matters are handled on a contingent fee basis. Legal fees are paid only if compensation is recovered. Costs and expense structure are discussed at the outset.
Serious Injury Exception to Limited Tort
Limited tort does not bar recovery if the injury qualifies as serious. What meets the threshold and what does not.
The serious injury exception allows limited tort plaintiffs to recover pain and suffering if the injury causes serious impairment of body function or permanent disfigurement.
View personal injury overview →
Car Accident Case Timeline
From crash to settlement or trial, what happens at each stage and how long a Pennsylvania car accident case typically takes.
The stages of a Pennsylvania car accident claim: treatment, investigation, demand, negotiation, litigation, and resolution, with realistic time expectations.
View personal injury overview →
Car Accident Case Value
What a car accident case is worth depends on medical costs, lost wages, fault percentage, and insurance limits.
Factors that determine car accident case value in Pennsylvania: economic damages, non-economic damages, comparative fault, available coverage, and venue.
View personal injury overview →
Personal Injury Case Value
Claim value turns on documented medical costs, wage loss, comparative fault percentage, and available policy limits under Pennsylvania law.
Personal injury case valuation in Pennsylvania accounts for economic damages, non-economic damages, the comparative fault allocation, and the total insurance coverage available across all liable parties.
View personal injury overview →
Personal Injury Lawyer Fees
Pennsylvania contingent fee agreements mean no legal fees unless compensation is recovered. Fee percentage and cost structure are set at the outset.
Personal injury cases are handled on a contingent fee basis. The fee percentage, litigation cost responsibility, and expense structure are explained before representation begins.
View personal injury overview →
Common Mistakes in Pennsylvania Personal Injury Claims
Mistakes made in the first weeks after an injury can reduce or eliminate recovery regardless of how strong the liability case appears:
- Giving recorded statements to the at-fault party’s insurer before consulting counsel — early statements lock in positions on liability and damages before the full extent of injury is known and before coverage issues are identified
- Accepting the first settlement offer without evaluating all available coverage — the at-fault driver’s minimum $15,000 liability policy may be the opening offer, but your own UM/UIM coverage, stacked across multiple vehicles, may provide ten times that amount
- Assuming limited tort bars all recovery — the serious injury exception, out-of-state driver exception, commercial vehicle exception, and DUI exception can restore full tort rights even under a limited tort election
- Delaying medical treatment or missing follow-up appointments — gaps in treatment are used by defense counsel to argue the injury was not caused by the accident or was not serious enough to require ongoing care
- Signing a release before understanding how a settlement affects Medicaid, SSI, or special needs trust eligibility — a lump sum settlement paid directly to a beneficiary receiving public benefits can terminate eligibility permanently unless structured correctly
Pennsylvania Deadlines for Personal Injury Claims
The general statute of limitations for most Pennsylvania personal injury claims is two years from the date of injury. Claims involving government entities may require earlier notice under the Political Subdivision Tort Claims Act. Medical negligence, minors, and later discovered injuries may follow different timing rules. Missing the applicable deadline can permanently bar recovery.
Pennsylvania personal injury claims involve premises liability standards and tort rules established under Pennsylvania statutes, including the Motor Vehicle Financial Responsibility Law and comparative negligence provisions applicable in Allegheny County courts.
Frequently Asked Questions
How long do I have to file a personal injury claim in Pennsylvania?
The general statute of limitations is two years from the date of injury. Claims against government entities may require written notice within six months. Medical negligence, minors, and discovery rule cases may follow different timelines.
What compensation can I recover?
Compensation may include medical expenses, lost wages, future care costs, and non economic damages such as pain and suffering. Permanent scarring, disfigurement, and loss of function are recognized under Pennsylvania law.
How are legal fees handled?
Personal injury matters are handled on a contingent fee basis. Legal fees are paid only if compensation is recovered. Costs and fee structure are explained at the outset. For a full explanation of how much a personal injury lawyer costs, see our fee structure guide.
What is comparative negligence in Pennsylvania?
Pennsylvania follows a modified comparative negligence rule under 42 Pa.C.S. § 7102. You may recover damages only if you are less than 51 percent at fault. Your recovery is reduced by your percentage of fault. If you are 51 percent or more at fault, you recover nothing.
What is the serious injury exception to limited tort?
Pennsylvania drivers who elected limited tort coverage may still recover pain and suffering damages if the injury causes serious impairment of body function or permanent serious disfigurement. The serious injury exception is narrowly construed and heavily litigated. For more detail, see our page on the serious injury exception to limited tort.
Can I recover if I was partially at fault?
Yes, as long as you are less than 51 percent at fault. Your recovery will be reduced by your percentage of fault. If the jury finds you 30 percent at fault and awards $100,000, you recover $70,000. If you are 51 percent or more at fault, you recover nothing.
What if the other driver has no insurance?
If the at fault driver is uninsured or underinsured, you may have coverage under your own auto insurance policy through uninsured motorist (UM) or underinsured motorist (UIM) benefits. Pennsylvania law allows stacking of UM and UIM coverage in some cases. For more detail, see our page on uninsured and underinsured motorist claims.
What evidence do I need for a personal injury claim?
Critical evidence includes police reports, medical records, photographs of injuries and the scene, witness statements, insurance information, and documentation of lost wages. In truck accidents, electronic logging device data and maintenance records are often key. Evidence preservation should begin immediately after the accident, as surveillance footage is often overwritten and witness memories fade.
When does a government entity notice requirement apply?
Claims against Pennsylvania municipalities, school districts, or other government entities are subject to the Political Subdivision Tort Claims Act. Written notice must be provided within six months of the injury. Notice requirements are strictly enforced. Failure to provide timely notice can permanently bar the claim, even if the general two year statute of limitations has not expired.
Personal injury claims turn on facts, medical records, insurance structure, and decisions made in the weeks after the injury occurs. In serious cases, how the claim is built from the outset determines what can be recovered later. If you have been injured and are uncertain about your legal position, a prompt evaluation protects options that narrow with time.
Pennsylvania personal injury claims are governed by modified comparative negligence under 42 Pa.C.S. § 7102, which bars recovery if you are more than 50% at fault. Claims are adjudicated through the Pennsylvania Unified Judicial System in the Court of Common Pleas.