Insurance Coverage & Recovery
The tort election, policy limits, and available coverage were set before the accident. Whether the full value of the claim is preserved or lost depends on identifying every available source of recovery before any demand is made.
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.
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.
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.
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.
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.
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.
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.
Related Benefits & Systems
A workplace injury or disabling condition may involve separate benefit systems with different filing requirements and deadlines that run concurrently with a personal injury claim.
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.
Giving a recorded statement to the at-fault party’s insurer before consulting counsel locks in positions on liability and damages before the full extent of injury is known. Accepting the first settlement offer without evaluating all available coverage misses UM and UIM benefits that may dwarf the at-fault driver’s minimum policy. Assuming limited tort bars all recovery ignores the serious injury exception, out-of-state driver exception, commercial vehicle exception, and DUI exception that can restore full tort rights. Delaying medical treatment or missing follow-up appointments gives defense counsel an argument that the injury was not caused by the accident or was not serious. Signing a release before understanding how a settlement affects Medicaid, SSI, or special needs trust eligibility can terminate public benefits permanently unless the settlement is structured correctly.
The mistakes that reduce case value happen early. Call 412-351-4422 before you make one you cannot undo.
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.
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.
