Pennsylvania Car Accident Settlement Calculator

Pennsylvania's courts have produced significant personal injury precedents. The Waddington v. Sarausad decisions helped shape Pennsylvania's approach to jury instructions on comparative negligence, ensuring clear guidance on how juries should apportion fault between parties.

Pennsylvania has been central to mass tort litigation, particularly asbestos cases. The Philadelphia Court of Common Pleas has handled thousands of asbestos claims, with verdicts sometimes exceeding $20 million for mesothelioma victims. Pittsburgh courts have similarly handled substantial industrial injury litigation.

The case of Tincher v. Omega Flex (2014) significantly changed Pennsylvania product liability law, rejecting strict application of the Restatement (Second) of Torts § 402A and requiring courts to consider both consumer expectations and risk-utility balancing in design defect cases.

Recent major verdicts include a $8 billion verdict against Johnson & Johnson in a Philadelphia case involving the antipsychotic drug Risperdal (later reduced but still substantial). Pennsylvania juries, particularly in Philadelphia, have historically been favorable to plaintiffs in pharmaceutical litigation.

Pennsylvania personal injury cases are filed in the Court of Common Pleas, the state's trial-level court with general jurisdiction. Each of Pennsylvania's 67 counties has its own Court of Common Pleas. Philadelphia and Allegheny County (Pittsburgh) handle the highest volume of civil cases.

Pennsylvania uses a case management track system in many counties, categorizing cases by complexity. Standard track cases have preset discovery deadlines, while complex cases receive individualized management. Philadelphia has special programs for mass tort cases including separate tracks for pharmaceutical and asbestos litigation.

The state requires Certificate of Merit in professional liability cases, requiring attorney certification that an appropriate expert has reviewed the case and believes there's a basis for the claim. This must be filed within 60 days of the complaint.

Discovery follows the Pennsylvania Rules of Civil Procedure, including depositions, interrogatories, and document production. Compulsory arbitration is required in many counties for cases under certain dollar thresholds. Settlement conferences are typical before trial. Case timing varies significantly—Philadelphia cases may take 3-5 years to trial, while some rural counties are faster.

Pennsylvania attorneys are licensed by the Pennsylvania Supreme Court through the Disciplinary Board. For personal injury representation, look for attorneys experienced in Pennsylvania's 51% modified comparative negligence rule, which bars recovery if you're more than half at fault.

The Pennsylvania Association for Justice (PAJ) is the state's leading organization for plaintiff attorneys. PAJ members typically have substantial trial experience and access to resources including verdict research databases and expert networks specific to Pennsylvania.

If injured in Philadelphia, consider attorneys familiar with the Philadelphia Court of Common Pleas, which has unique procedures and historically plaintiff-friendly juries. For medical malpractice, ensure your attorney understands Pennsylvania's venue rules, which were reformed in 2002 to limit forum shopping.

Pennsylvania has significant German, Italian, and Puerto Rican populations, and many attorneys offer services in Spanish and other languages. The state's Amish communities also sometimes require attorneys sensitive to their customs. Contingency fees typically range from 33-40%, with some variation by case type and complexity.