Pennsylvania Personal Injury Law

Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage.

• Personal Injury -w2 years from when the injury was discovered
• Damage to Personal Property -2 years
• Medical malpractice -2 years from when the injury was discovered
• Legal malpractice -2 years
• Other professional malpractice -2 years

Where to Sue:

• Personal injury claims under $8,000 if suing in Pennsylvania District Justice Court. $10,000 or less if suing in Philadelphia Municipal Court
• Personal injury over $8,000 ($10,000 in Philadelphia) - Pennsylvania Court of Common Pleas

How to Sue:

Small Claims Court:

• Forms:
• Pennsylvania District Justice Court: Civil Complaint. This form is available from the clerk of the District Justice Court where you file.
• Philadelphia Municipal Court: Statement of Claim (the clerk will provide a typist to type the claim).
• Where to file: Where the defendant lives or where the injury occurred.
• How to notify the defendant (service):
• In Philadelphia: Request that a sheriff or disinterested adult personally hand the Statement of Claim to the defendant; or, mail the Statement of Claim to the defendant by certified or registered mail.
• Elsewhere in PA: A sheriff must serve the Civil Complaint on the defendant, or, mail the Civil Complaint certified or registered mail.
• Proving the defendant was notified: If the defendant was served by mail, a certified or registered mail card is adequate proof of service. If a sheriff or disinterested adult serves the defendant, he should file a return with the clerk of a Pennsylvania District Justice Court or the clerk of the Philadelphia Municipal Court. If the return is made by a disinterested adult and not a sheriff, the return filed with the court will be an affidavit (under oath).
• Attorneys: Representation by a lawyer at trial is permitted for Pennsylvania small claims.
• Appealing a small claim: Either side can appeal to a Court of Common Pleas within 30 days of entry of judgment.

Pennsylvania Common Pleas:

In filing your case, seek advice from a Pennsylvania personal injury attorney. Personal injury suits are complicated and can be challenging. Errors in filing have the potential to result in dismissal or loss of your claim, or court fines.

• Forms: Praecipe for Writ of Summons, and a Complaint. These forms can be obtained from the county Common Pleas Court where you intend to file. You can also draft your own Complaint.
• How to File: File your Complaint with the Pennsylvania Common Pleas Court in the appropriate county. After you pay the filing fee, the clerk will issue a Summons and stamp the Summons and Complaint. Each Common Pleas Court may have slightly different rules, so it is important that you check the rules for your county.
• How to Notify the Defendant: A sheriff may personally hand forms stamped by the clerk to the defendant, or the forms may be mailed to the defendant by any means that requires that defendant to sign the receipt.

What to Do if You Are Being Sued:

• Time to respond to a Summons in Pennsylvania: 20 days.
• Consult a lawyer.
• Contact your insurance company regarding any injury connected to a happening at your residence or place of employment. If you are insured for your claim, your insurance company may provide you with an attorney.

What to Do if a Judgment Was Entered Against You:

If you do not reply to service of process in Pennsylvania within 20 days, you will be subject to a default judgment. The plaintiff will be awarded the amount requested in the Complaint.

• Time to Set Aside a Judgment in Pennsylvania:
• A Pennsylvania court can set aside a judgment for surprise, mistake, inadvertence, newly discovered evidence or excusable neglect within one year after the judgment was entered
• Discuss your situation with an attorney if a default judgment has been entered against you.

Ways to Collect Your Judgment:

• If you win your Pennsylvania personal injury lawsuit, you may collect your judgment by requesting that the defendant pay the judgment. If the defendant does not respond, you may put a lien on his real property, attach the defendant’s personal property, or garnish the defendant’s wages or bank accounts.
• Seek the counsel of a qualified Pennsylvania debt collection attorney to collect your judgment.