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How to Make an Injury Claim Against Pennsylvania

General

You probably never expected to find yourself in this position: injured, in pain, and trying to figure out how to hold the state of Pennsylvania responsible. Whether it was a fall on unsafe public property, a crash caused by a government vehicle, or an injury in a state-run facility, the physical, emotional, and financial aftermath can feel overwhelming.

However, when the at-fault party is a government entity, the road to justice looks very different from what it does in a typical personal injury claim.

Making an injury claim against the Commonwealth of Pennsylvania is possible, but it comes with strict procedures, narrow time limits, and legal hurdles that don’t apply in most other cases. Even a minor misstep in paperwork or timing can result in your claim being rejected entirely. That’s why it’s critical to speak with a personal injury attorney who understands how to navigate claims against government agencies and can protect your right to fair compensation.

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When Can You Sue the Commonwealth of Pennsylvania?

Generally, you can’t sue the government. This is due to a legal principle known as sovereign immunity, a rule that shields government entities from being sued without their explicit consent.

However, Pennsylvania law does make exceptions. Thanks to the Sovereign Immunity Act and the Political Subdivision Tort Claims Act, the Commonwealth and its local governments can be held liable but only under specific conditions.

So, when is the state actually responsible for an injury? Here are a few examples:

Vehicle accidents involving government employees
If you were hit by a PennDOT truck or a local police car while the driver was on duty, the government could be liable.
Dangerous public property
If you slipped on broken flooring in a state-run building or fell due to poor maintenance on public sidewalks or stairwells, there may be a valid claim.
Medical negligence at state hospitals or facilities
If a state-employed healthcare provider caused harm through negligent treatment, the Commonwealth may be accountable.
Negligence in government-run institutions. This includes injuries that occur in public schools, prisons, or juvenile detention centers due to unsafe conditions or inadequate supervision.

That said, these claims are only allowed in narrow categories. If your injury doesn’t fit into one of them, the government may still be immune from liability, no matter how serious your harm.

How to File a Personal Injury Claim Against Pennsylvania

Making a claim against the state isn’t as simple as filing a lawsuit. Pennsylvania has strict rules you must follow, starting with an early notice requirement.

Identify the Correct Government Entity

Before anything else, you need to figure out who you’re filing the claim against. There’s a difference between suing the Commonwealth of Pennsylvania, e.g., PennDOT, the Department of Corrections, state police, and suing a local political subdivision like the City of Philadelphia or a county-run agency. Each has its own procedures, and naming the wrong party can be a costly mistake. This is one of many reasons to consult with an attorney early. Your lawyer will know exactly which entity is legally responsible.

File a Notice of Claim

You can’t sue the government unless you first file a Notice of Claim. This notice must be submitted within 6 months of the injury. The Notice of Claim is a formal document that tells the government:

Your name and contact information
When, where, and how the injury happened
What type of injury did you suffer
The names of any government employees involved (if known)

Failing to file this notice or filing it late can get your case dismissed automatically, even if the injury is legitimate and well-documented.

Wait for a Response

Once the government receives your notice, they’ll investigate the claim. Some departments may reach out for more information or offer to settle early, but that’s not always the case. Sometimes, your notice will be ignored or denied. Either way, you can’t move to the next step until you’ve gone through this process.

File a Lawsuit

If the government denies your claim or doesn’t respond, you can file a formal lawsuit. At this stage, your lawyer will prepare a complaint and submit it to the appropriate civil court. Depending on the agency involved, you may file in a local Court of Common Pleas or another jurisdiction.

However, remember that there are extra rules when you’re suing the government. Any errors, such as missed deadlines, incorrect parties, or incomplete service, can result in your claim being thrown out. An experienced personal injury attorney will know how to get it right the first time and protect your chance at fair compensation.

Key Deadlines and Limitations

Time is not on your side when it comes to suing the government. The deadlines are shorter, and the rules are stricter.

Statute of Limitations

In most Pennsylvania injury cases, you have 2 years from the date of the injury to file a lawsuit. But when the government is involved, the process starts much sooner. The Notice of Claim must be filed within 6 months. That’s not just a guideline – it’s the law. Even if you still have time under the 2-year statute of limitations, failing to meet the 6-month notice requirement can end your case before it begins.

Shortened Timelines for Specific Situations

There are some exceptions:

If the injured person is a minor, the 2-year statute doesn’t start until their 18th birthday, but the 6-month notice may still be required sooner.
If the injury involves SEPTA or another state transit agency, the timeline can be even tighter, and certain procedural steps must be followed immediately.

Your attorney will understand these distinctions and make sure nothing falls through the cracks.

Damage Caps

Another key difference in suing the government is the limit on how much money you can recover. For claims against the Commonwealth of Pennsylvania, the maximum is:

$250,000 per person
$1,000,000 total per incident

For claims against local governments, the maximum is $500,000 total per incident, regardless of the number of people injured. That means even if your damages exceed those numbers, the court can’t award you more. Still, many injury victims recover substantial compensation within those limits. The key is to follow the process correctly and present a strong case with the help of a skilled attorney.

Proving Liability in a Government Claim

The government doesn’t hand out settlements just because you were hurt. You still have to prove that they were responsible. That means showing:

There was a dangerous condition or negligent act.
The government knew or should’ve known about it.
They failed to fix or warn about it in a timely manner.
That failure directly caused your injury.

For example:

If you tripped on a broken sidewalk outside a government building, your attorney will need to show that the city was aware or should’ve been aware of the hazard and failed to repair it.
If a government driver caused a crash, your lawyer must prove they were acting within the scope of their duties and that they were negligent at the time.

Gathering this evidence takes time and strategy. You’ll need medical records, photos of the scene, witness statements, and possibly expert opinions. A personal injury lawyer can help you collect, organize, and present this evidence to build the strongest case possible.

Challenges Unique to Government Injury Claims

If suing a private business is like climbing a steep hill, suing the government is like climbing a hill that moves beneath your feet. Here’s why:

Shorter deadlines mean you must act fast.
Stricter paperwork rules, even minor mistakes, can result in your claim being rejected.
Damage caps limit how much you can recover.
More procedural defenses are available to the government.
Government attorneys tend to defend claims aggressively.

You also face more administrative steps. Investigations can be slow. Communication with government departments may be delayed. Unlike private companies, many agencies have no incentive to settle quickly. All of this can make the process frustrating and confusing. A personal injury lawyer knows how to cut through the red tape and keep your case moving forward.

Can You Sue a Pennsylvania Municipality or County?

Yes, you can sue a Pennsylvania municipality or county, but the rules are slightly different from suing the state itself. These entities are legally known as political subdivisions.

What Is a Political Subdivision?

A political subdivision is any local government body under the Commonwealth. This includes:

Counties
Cities
Boroughs
Townships
Public school districts
Local agencies like water or transportation authorities

For example, if you’re injured on a sidewalk maintained by the City of Philadelphia or hurt on school property, your claim would be against the political subdivision and not the state.

The Political Subdivision Tort Claims Act

Claims against these entities fall under the Political Subdivision Tort Claims Act (PSTCA). Like the Sovereign Immunity Act, it limits when and how you can sue. You can only sue for specific types of negligence, including:

Dangerous property conditions
Auto accidents involving municipal vehicles
Improper maintenance of traffic signs or signals
Potholes or road defects

Differences in Procedures and Damages

You still need to file a notice of claim within six months of the injury. That part is the same as state-level claims. However, the damage cap is lower. Under the PSTCA:

$500,000 is the total maximum payout per incident
This cap applies no matter how many people are injured

Unlike claims against the Commonwealth, there’s no $250,000 per person limit. The $500,000 total is shared across all claimants. These rules apply even if the injury is serious or permanent.

What Compensation Can You Recover?

Medical Expenses (Past and Future)

You can recover the cost of all medical treatment related to your injury. This includes:

Emergency room visits
Hospital stays
Surgeries and specialist care
Physical therapy and rehabilitation
Prescription medications
Long-term medical needs

If your injuries require ongoing treatment, future medical expenses can also be included in your claim.

Lost Income and Future Earning Capacity

If you had to miss work because of your injury, you can claim lost income. This covers:

Days missed immediately after the injury
Time missed for medical appointments
Reduced hours or duties during recovery

If your injury affects your ability to work long-term, you may also recover loss of future earnings.

Pain and Suffering

You may be able to recover damages for physical pain and emotional distress. However, in claims against the government, pain and suffering is subject to strict limits. The most you can recover from:

The Commonwealth: $250,000 per person
A local government: $500,000 total per incident (shared among all victims)

Loss of Companionship in Wrongful Death Cases

In wrongful death claims, the surviving family may seek damages for loss of support and companionship. This helps recognize the emotional and financial impact of losing a loved one due to government negligence.

Property Damage in Vehicle Accidents

If a government vehicle damaged your car, motorcycle, or other property, you can seek reimbursement for repair or replacement costs.

Why You Should Hire a Personal Injury Lawyer

Making an injury claim against the Commonwealth of Pennsylvania isn’t like filing a complaint with an insurance company. It’s a legal process with rigid steps, narrow deadlines, and an opponent with legal resources on their side. A personal injury attorney will:

Make sure your notice of claim is filed on time and to the correct agency
Help identify the proper government entity and legal theory.
Investigate the incident and collect the right evidence.
Handle negotiations and communications with government lawyers.
File the lawsuit and represent you in court if needed.

Many attorneys who handle injury claims work on a contingency fee basis. That means you don’t pay unless they win compensation for you. Attempting to take on the government alone is risky. Working with an attorney puts you on stronger footing and gives you a better chance at getting what you’re owed.

Seek to a Pennsylvania Personal Injury Attorney

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Leonard Hill – Pennsylvania Personal Injury Attorney

If you’re unsure whether you can take legal action against a Pennsylvania government entity, start by asking questions because answers can’t wait when deadlines are this short. The laws governing lawsuits against state agencies or municipalities are strict, technical, and time-bound. That’s why your first step should be to reach out to someone who handles these cases on a daily basis.

You deserve clear guidance, honest answers, and a plan of action that prioritizes your needs. Contact a trusted personal injury lawyer today. They will listen to your story, assess your situation, and help you determine the best course of action. There’s no cost to talk and no pressure. Just a real conversation about what’s possible and how to get started.

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