Guide to the legal system and how catastrophic injuries are handled in Pennsylvania courts
A catastrophic injury is devastating, but here’s how Pennsylvania law helps victims get the financial relief they need to move forward.
A catastrophic injury is a severe injury that has a long-term or permanent impact on the victim’s life. These injuries typically result in significant physical, emotional, and financial consequences, often requiring extensive medical treatment, rehabilitation, and ongoing care.
Pennsylvania doesn’t have specific laws for catastrophic injuries in personal injury lawsuits. However, the state’s general personal injury laws apply to catastrophic injury cases, with certain modifications to address the severity and long-term impact of the injuries.
Some common examples of catastrophic injuries include:
- Spinal cord injuries resulting in partial or complete paralysis, affecting the ability to walk, move, or perform basic functions.
- Traumatic Brain Injuries (TBI), including severe head injuries, can lead to cognitive impairments, memory loss, personality changes, and other neurological issues.
- Amputations, or the loss of limbs or other body parts, can drastically alter a person’s ability to function independently.
- Severe burn injuries, or burns that cover a large portion of the body, can result in disfigurement, loss of function, and significant pain.
- Multiple fractures or crush injuries (“stuck between”) can lead to long-term disability, chronic pain, and limited mobility.
- Organ damage can require long-term medical care or organ transplants.
Pennsylvania personal injury law and catastrophic injuries
The principle of personal injury law is to make the victim whole. In other words, it restores you to the financial condition you would be in if the injury hadn’t happened. An accident or injury due to someone else’s negligence should not cost you money.
Negligence is a legal concept that requires these elements: Duty, breach, causation, injury, and damages. Everyone has a duty to someone else at some time, but this is fluid and changes from moment to moment. For instance, every driver has a duty to other road users to drive safely, follow road rules, and not engage in behavior that would be reasonably foreseeable to cause someone injury. A property owner has a duty to anyone visiting the property to maintain the premises to be free from hazards. Manufacturers have a duty to consumers to produce items that will be safe when used in a way that’s foreseeable (anticipated).
If the duty is breached—the liable party acted in a way that could cause harm to the person to whom they owed a duty—and the breach causes the person to become injured, then the offending person or entity would be responsible for costs associated with the injury, known as damages. When the injury is catastrophic, the legal process becomes amplified because the stakes are so high. No person or entity wants to be responsible for a multimillion-dollar damage claim. Likewise, these are important cases for victims because their lives have changed irreparably and they need compensation in order to move forward.
Here are some concepts within personal injury law that apply to Pennsylvania catastrophic injury lawsuits:
Pennsylvania catastrophic injury legal principles
Statute of limitations
The Pennsylvania statute of limitations for a personal injury lawsuit is two years from the date of the injury. The victim has two years from the date of their injury in which to file a claim; if they do not file within that time, the court can refuse to hear the case.
Pennsylvania follows the Discovery Rule, which says that the statute of limitations begins to run on the date the injury was discovered or reasonably should have been discovered if it was not immediately apparent. For the most part, this would apply to medical malpractice cases. For instance, if a surgeon leaves a sponge or surgical tool inside the patient’s body during surgery, the patient might not be aware right away. They would have two years from the date they discover the issue in which to make a claim.
Pennsylvania comparative negligence
Pennsylvania follows a modified comparative negligence rule. This means that if the injured party is found to be partially at fault for their injuries, their compensation will be reduced by their percentage of fault. However, if they are more than 50% at fault, they cannot recover any damages.
However, in catastrophic injury cases, where the compensation sought is typically higher due to the severity of the injuries, even a small percentage of fault attributed to the plaintiff can significantly reduce the amount of damages awarded.
Damages
There is no cap on compensatory damages in a Pennsylvania personal injury claim. Compensatory damages include medical treatment, lost wages, pain and suffering, and other costs related to the injury).
Punitive damages in Pennsylvania are intended to punish the defendant for particularly egregious conduct. These are add-on damages beyond the settlement or verdict award. Punitive damages cap at twice the amount of compensatory damages; the exception might be if the conduct that caused the injury was intentional.
Often, a significant portion of funds in a catastrophic injury lawsuit are for future damages. This covers ongoing or future medical care, rehabilitation, and loss of earning capacity. For a child, it might include special education costs or other care.
Joint and several liability
Pennsylvania apportions liability with a modified joint and several liability rule. If multiple parties are responsible for the injury, each only pays for their percentage of fault unless they are 60% or more at fault. In that case, they are responsible for the full amount of damages.
Pennsylvania insurance requirements
A Pennsylvania driver must have auto insurance that includes personal injury protection (PIP). In a catastrophic injury accident, this usually does not cover the full extent of damages and a victim would likely need to file a lawsuit against the at-fault driver to recover full costs.
Medical malpractice damage caps for Pennsylvania catastrophic injuries
Pennsylvania does not impose a cap on non-economic damages (such as pain and suffering) in medical malpractice cases, which can be significant in catastrophic injury cases caused by medical errors.
Catastrophic injury cases involving medical malpractice require the plaintiff to file a certificate of merit, which confirms that the claim has been reviewed by a qualified medical professional who believes the care provided was below the accepted standard.
Claims against Pennsylvania government entities
If a government entity or employee causes a catastrophic injury, Pennsylvania sovereign immunity laws apply. Although state and local government agencies are usually immune from lawsuits, there are exceptions. Negligent operation of a vehicle, maintenance of public property, or medical malpractice in a state-run hospital would not be subject to sovereign immunity and could become defendants in a lawsuit for a catastrophic injury.
Claims against government entities typically require filing a notice of intent to sue within a shorter time frame than the general statute of limitations. There are some other nuances in the legal process, so it’s important to contact a Pennsylvania personal injury lawyer if you intend to file a lawsuit against a government agency or entity.
Pennsylvania structured settlements
A structured settlement is a system in which the plaintiff can receive their damages as payouts over a period of time, rather than as a lump sum. Particularly in catastrophic injury claims, this can be beneficial because it helps to ensure the victim receives payments that last for the remainder of their lifetime.
Pennsylvania Catastrophic Loss Benefits Fund
This provides additional benefits to individuals who suffer catastrophic injuries in auto accidents when their own insurance and the at-fault driver’s insurance are insufficient.
Catastrophic injuries and Pennsylvania workers’ compensation benefits
Workers’ comp is an exclusive remedy. That means if you’re injured at work, you must make a claim through the workers’ comp system and may not file a personal injury lawsuit against your employer for that injury. There are benefits and detriments to this process—the benefit is that a claimant can receive benefits without proving fault or negligence on the part of their employer, which helps with quick administration of benefits. The detriment is that workers’ comp covers medical expenses and a percentage of lost wages, but does not include pain and suffering.
The exception is if the injury was caused by negligence by a person or entity that is not the employer. If that’s the situation, the victim may file a third-party lawsuit. This would include pain and suffering and other costs that aren’t covered by workers’ compensation benefits.
Pennsylvania accidents that can cause catastrophic injuries
Certainly, any kind of accident could lead to a catastrophic injury and there’s no specific set of circumstances involved. Below are ten of the most common types of accidents and incidents that lead to Pennsylvania catastrophic injury lawsuits.
- Motor vehicle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability (property hazards)
- Violent crimes
- Boating accidents
- Aviation accidents
- Sports and recreation accidents
- Mass torts and toxic torts
Each of these scenarios can lead to a personal injury lawsuit in which the injured party seeks compensation for their losses, including medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.
What to do if you or a loved one suffers a catastrophic injury
Seek immediate medical attention
Hopefully, you’ve already done this. Thorough medical attention is the crucial first step. Be sure to ask all the questions and get the answers you need about both current necessary treatment and future potential issues resulting from the injury.
Consult a Pennsylvania personal injury lawyer
Before you pay bills out of pocket or worry about the future, consult a Pennsylvania personal injury lawyer. Your lawyer will help advise on whether you have a case, how much you might be able to recover in damages, and the best way to move forward.
Your lawyer will gather evidence like medical records, witness statements, photos, and expert testimony to begin to build a case. They will also investigate who would be potential defendants and their roles in the injury.
Need a lawyer?
See our guide Choosing a personal injury attorney.