Tort Claims
Negligence, conversion, and fraud — understanding the elements and remedies for personal injury and property damage claims in Pennsylvania.
Notice: These services are intended for and work best with small claims matters, but the tools and guidance can be used for any civil matters that may benefit from alternative dispute resolution.
PA Comparative Negligence Rule
Pennsylvania uses modified comparative negligence (42 Pa.C.S. § 7102). You can recover damages if you are less than 51% at fault, but your recovery is reduced by your percentage of fault.
Example: If your damages are $10,000 and you are found 30% at fault, you recover $7,000.
Tort Claim Types
Elements to Prove
Defendant owed a duty of care to the plaintiff
Defendant breached that duty
The breach was the proximate cause of plaintiff's injury
Plaintiff suffered actual damages
Available Remedies
Compensatory damages (medical bills, lost wages, pain and suffering)
Punitive damages (in cases of reckless or egregious conduct)
Tip: PA uses modified comparative negligence (42 Pa.C.S. § 7102) — you can recover if you are less than 51% at fault, but your recovery is reduced by your percentage of fault.
Statute of Limitations: 2 years (42 Pa.C.S. § 5524)