If you’ve been injured in an accident in Pennsylvania, understanding the filing limits for personal injury claims is vital to the success of your case. Various restrictions, such as claim limits, insurance policy caps, and statutory limitations, can affect your ability to seek compensation. This article will guide you through these limits, specific Pennsylvania laws, and what you should know before pursuing a claim.

Let’s dive into the key filing limits you need to be aware of when dealing with personal injury cases in Pennsylvania below, but for legal help specific to your case, consult with an experienced Pennsylvania personal injury attorney. Brandon J. Broderick, Attorney at Law has helped countless clients resolve their cases.

Understanding Filing Limits for Personal Injury Claims in Pennsylvania

Filing a personal injury claim in Pennsylvania can be complicated, depending on your injuries and the circumstances of the accident that caused it. Knowing the scope and restrictions of your case is very important. Some of these limits are related to how many claims you can file, while others involve time constraints and compensation caps.

One Claim Per Injury

In Pennsylvania, personal injury law generally allows for only one claim per injury. This legal concept is often referred to as the “one-satisfaction rule”. It is based on the idea that an injured party should receive compensation for all damages resulting from an injury, but only once. The damages can include medical bills, lost wages, pain and suffering, and other associated costs. However, once a settlement is reached or a verdict is issued, you cannot file another claim for the same injury—even if you discover additional damages later on.

Insurance Policy Limits

Insurance policies play a significant role in personal injury cases in Pennsylvania, as they often determine how much compensation you can recover. Insurance companies are typically the first source of compensation for injuries resulting from accidents, including:

• Car accidents
• Slip and falls
• Medical malpractice
• Workplace accidents

Each insurance policy comes with a coverage limit, meaning there’s a maximum amount that the insurer is obligated to pay. For example, if you’re involved in a car accident and the at-fault driver has liability insurance coverage of $50,000, that is the maximum amount you can recover from their insurance policy, regardless of the total cost of your injuries.

If your damages exceed the policy limits, you may have the option to pursue a personal injury lawsuit against the at-fault party directly, although collecting additional compensation can be challenging depending on the individual's assets and financial situation.

Statute of Limitations in Pennsylvania

One of the most important filing limits for personal injury cases in Pennsylvania is the statute of limitations. This law sets a deadline for filing a lawsuit, and missing this deadline can result in your case being dismissed, regardless of its merits. In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of the injury. This applies to various types of personal injury cases, such as car accidents, slip and fall accidents, medical malpractice, and product liability.

There are, however, exceptions to this rule. For instance:

• Discovery Rule: If you did not immediately realize you were injured (as is common in medical malpractice cases), the statute of limitations may begin from the date you discovered or should have reasonably discovered the injury.
• Minors: If the injury victim is a minor, the two-year statute of limitations does not begin until the minor turns 18.

Regardless of the circumstances, it’s always best to consult with an attorney as soon as possible to ensure compliance with the statute of limitations and protect your right to file a claim.

State-Imposed Caps on Damages

In some states, there are caps on the amount of damages that can be recovered in personal injury cases. In Pennsylvania, there are no caps on compensatory damages, which include economic and non-economic damages. This means that you can seek full compensation for medical bills, lost wages, pain and suffering, and other tangible and intangible losses.

However, there is a cap on punitive damages, which are awarded in cases involving gross negligence or intentional misconduct. In Pennsylvania, punitive damages are capped at two times the amount of compensatory damages, except in medical malpractice cases, where they are limited to $500,000 or 200% of the compensatory damages, whichever is greater. Additionally, in cases against government entities, the total amount of damages is capped at $250,000 for local government and $500,000 for state government.

Limits on Certain Types of Claims

Pennsylvania also imposes limits on certain types of personal injury claims. For example:

• Medical Malpractice Claims: In addition to the punitive damages cap, Pennsylvania law requires a Certificate of Merit to be filed alongside a medical malpractice claim. This certificate must confirm that an appropriate medical professional has reviewed the case and believes it to have merit.
• Government Claims: If your personal injury claim involves a government entity, special rules apply. These claims often have stricter notice requirements, shorter filing deadlines, and damage caps as noted above.

Why Understanding These Limits is Important

Failing to understand the limits on personal injury claims in Pennsylvania can result in reduced compensation or even a dismissed claim. Some key reasons why understanding these limits is important include:

• Protecting Your Right to File: If you miss the statute of limitations or fail to meet filing requirements, you may lose the chance to pursue compensation.
• Maximizing Your Recovery: Knowing the insurance policy limits and potential damages caps can help you negotiate for the best possible settlement.
• Legal Strategy: An experienced personal injury attorney can help you navigate these complex rules, gather evidence, and build a case that maximizes your compensation.

Call Brandon J. Broderick For Legal Help

Navigating Pennsylvania personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.