Do I need a lawyer after a car accident in Pennsylvania?
Every rule below is quoted from Pennsylvania law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Pennsylvania rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Pennsylvania uses modified comparative negligence with a 51 percent bar. You can recover money as long as your share of fault is not greater than the fault of the person you are suing. Your award is reduced by your own percentage of fault.
“the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff”
When you can sue the other driver
If you chose limited tort, you can only sue for pain and suffering if your injury counts as a serious injury, meaning death, a serious impairment of a body function, or permanent serious disfigurement, or if a specific exception applies, such as the other driver being convicted of DUI in the crash. If you chose full tort, or made no choice at all, you can sue for pain and suffering for any injury.
“Serious injury. A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”
How long you have
- 2 years
- to sue for injuries42 Pa.C.S. Section 5524(2)
- 2 years
- to sue for car or property damage42 Pa.C.S. Section 5524(3)
- 2 years
- for a family to sue after a death42 Pa.C.S. Section 5524(2)
- 6 months
- to notify the government if a public vehicle or road was involved42 Pa.C.S. Section 5522(a)
Deadline to sue for injuries
You have 2 years to sue over injuries from a car crash in Pennsylvania.
“An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”
If a government vehicle or road was involved
If a government vehicle or road is involved, you must file a written notice with the government office within 6 months of the crash, before you can sue. Missing this deadline can permanently bar the claim.
“Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth or elsewhere against a government unit for damages on account of any injury to his person or property...shall file in the office of the government unit...a statement in writing”
How injury lawyers charge in Pennsylvania
Contingency fee rules
In Pennsylvania, a lawyer's contingency fee agreement must be in writing, must explain how the fee is calculated and what expenses come out of the recovery, and the lawyer must give the client a written statement at the end of the case showing the outcome and how the money was divided.
“A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated.”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
You can file a complaint against an insurance company with the Pennsylvania Insurance Department online through its Consumer Services Online (CSO) Portal.
“Consumers should report insurance problems online through our CSO Portal”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.