Best Personal Injury Lawyers in Pennsylvania (2026)

In Pennsylvania, the deadline to file a standard personal injury lawsuit is generally 2 years from the time the cause of action accrues.

Governing statutes: 42 Pa.C.S. §§ 5502(a) and 5524(2), (7). General negligence and personal injury claims must be filed within two years, although discovery-rule and tolling principles may affect when a claim accrues in some cases.

Medical malpractice claims in Pennsylvania are generally subject to a 2-year limitations period from accrual. In latent-injury cases, the discovery rule may delay the start of that period until the patient discovers, or reasonably should discover, the injury and its causal connection despite reasonable diligence.

42 Pa.C.S. § 5524(2). Although 40 P.S. § 1303.513 contains a 7-year statute-of-repose provision, the Pennsylvania Supreme Court held that provision unconstitutional; it should not be presented as an enforceable absolute cutoff.

Wrongful death claims in Pennsylvania generally must be filed 2 years from the date of death.

42 Pa.C.S. §§ 5502(a) and 5524(2). Special statutes may provide a different triggering event for particular claims, including asbestos-related death claims.

If a government entity is involved, a much shorter notice deadline usually applies in Pennsylvania: 6 months from the date the injury was sustained or the cause of action accrued.

42 Pa.C.S. § 5522. A signed written statement generally must be filed with the government unit; claims against a Commonwealth agency also require filing with the Attorney General. A court may excuse noncompliance for a reasonable excuse, and claims against non-Commonwealth government units are not barred if the unit had actual or constructive notice of the incident or condition. Statutory exceptions also apply.

Pennsylvania follows: Comparative negligence: plaintiff’s recovery is reduced by their percentage of fault, provided their fault is not greater than that of the defendant(s) (42 Pa.C.S. § 7102). Pennsylvania applies a comparative negligence system; contributory negligence no longer completely bars recovery but diminishes damages proportionally

Damage caps in Pennsylvania: Ordinary personal injury claims are not subject to a general statutory cap on compensatory damages, but important exceptions apply. Covered claims against Commonwealth parties are capped at $250,000 per plaintiff and $1,000,000 in the aggregate; covered claims against local agencies are generally capped at $500,000 in the aggregate.

In medical malpractice cases, punitive damages may be awarded for willful or wanton conduct or reckless indifference, but gross negligence alone is insufficient. Except for intentional misconduct, punitive damages against an individual physician may not exceed 200% of compensatory damages, and 25% of a punitive award is allocated to the MCARE Fund.

Contingency fee arrangements are permitted in personal injury and most civil cases. They are prohibited for representing a defendant in a criminal case and in domestic-relations matters when payment or the fee amount depends on securing a divorce or on the amount of alimony or support.