Pennsylvania at a glance
Pennsylvania allows two years to sue for injury or death caused by negligence.[1] Claims against a government unit require written notice within six months.[2] A person whose negligence was greater than the defendants’ cannot recover.[3] Pennsylvania is a choice no-fault state, where a driver’s choice of limited or full tort affects the right to sue for pain and suffering.[4]
Filing deadlines
42 Pa.C.S. § 5524(2)
The following actions and proceedings must be commenced within two years: (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
Source: [1]
Before suing a government unit, 42 Pa.C.S. § 5522 requires a written statement to be filed with the unit “Within six months from the date that any injury was sustained or any cause of action accrued.”[2]
Shared fault
42 Pa.C.S. § 7102(a)
the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.
Source: [3]
An injured person who is 50% or less at fault can recover a reduced amount; one who is more at fault than the defendants combined cannot.[3]
Auto insurance and tort options
Pennsylvania requires financial responsibility of $15,000 for injury to one person, $30,000 for injury to two or more people and $5,000 for property damage,[5] and policies must include a first-party medical benefit of $5,000.[6]
Limited tort: 75 Pa.C.S. § 1705 (required notice)
Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of ‘serious injury’ as set forth in the policy or unless one of several other exceptions noted in the policy applies.
Source: [4]
For a head injury claim, whether the injured person (or their household) chose limited or full tort can determine whether pain and suffering is recoverable at all.[4]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- 42 Pa.C.S. § 5524. Justia. https://law.justia.com/codes/pennsylvania/title-42/chapter-55/section-5524/
- 42 Pa.C.S. § 5522. Justia. https://law.justia.com/codes/pennsylvania/title-42/chapter-55/section-5522/
- 42 Pa.C.S. § 7102. Justia. https://law.justia.com/codes/pennsylvania/title-42/chapter-71/section-7102/
- 75 Pa.C.S. § 1705. Justia. https://law.justia.com/codes/pennsylvania/title-75/chapter-17/section-1705/
- 75 Pa.C.S. § 1702. Justia. https://law.justia.com/codes/pennsylvania/title-75/chapter-17/section-1702/
- 75 Pa.C.S. § 1711. Justia. https://law.justia.com/codes/pennsylvania/title-75/chapter-17/section-1711/
Sources last checked: October 11, 2026
