Pittsburgh Personal Injury Lawyer

Time is not on your side after an injury in Pennsylvania. In most cases, you have just two years to act, and sometimes as little as six months, including claims against governmental entities. Your auto insurance tort election can also restrict your right to recover non-economic damages after a car accident.. These deadlines, policy choices, and the attorney you choose can make a big difference in your case.

At Monge & Associates, our powerhouse team of Pittsburgh personal injury attorneys delivers relentless, winning representation for injury victims across Pittsburgh and Allegheny County. Call us now at (725) 217-4111 to find out what your case is really worth. You pay no attorney fees unless we win—because we’re here to win big for you!

Do You Have a Pennsylvania Personal Injury Claim?

Most personal injury cases in Pennsylvania are brought based on the legal theory of negligence, which means:

• The at-fault party owed you a duty of care. 
• The at-fault party breached that duty.
• The breach caused your injuries.
• You suffered damages as a result of the accident. 

The three questions that decide whether you have a viable legal claim in Pennsylvania are:

• Did the accident that injured you happen within two years?
• Was your share of fault no greater than the defendants’ combined share?
• Which tort election is on your policy? (If you were in a car accident)

How Long Do You Have to File a Personal Injury Claim in Pennsylvania?

According to 42 Pa.C.S. §5524(2), most personal injury lawsuits must be filed within two years. However, different time limits apply, depending on the type of case and the parties involved.

Claim	Deadline	Citation
Personal injury	2 years from the injury	42 Pa.C.S. §5524(2)
Wrongful death	2 years from the date of death	42 Pa.C.S. §5524(2) , §8301
Survival action	2 years	42 Pa.C.S. §5524(2), §8302
Claim against a government unit	Notice within 6 months; suit within 2 years	42 Pa.C.S. §5522(a)
Injured child	2 years from the eighteenth birthday	42 Pa.C.S. §5533(b)(1)

 

If you do not file your case within the applicable deadline, any subsequent personal injury claim that you file can be dismissed as untimely, regardless of its merits.  

Can You Still Recover If the Accident Was Partly Your Fault?

In some situations, the injury victim may have contributed to the accident. In these situations, Pennsylvania’s modified comparative negligence law applies. Under 42 Pa.C.S. §7102, the victim can still seek compensation as long as their degree of fault was no greater than the combined fault of the defendants against whom recovery is sought.. For example, if you were 40% at fault for the accident and one party was 10% at fault and another was 50% at fault, you would still have the right to pursue compensation because the defendants’ share of combined fault (60%) was greater than your degree of fault (40%). 

However, the amount of compensation that you can recover is reduced by your degree of fault. So, if you are found to be 40% at fault for the accident, your compensation is reduced by 40%. 

Under the Fair Share Act, each defendant is responsible only for their own degree of negligence, unless one of the following exceptions exists:

• The at-fault party committed an intentional misrepresentation. 
• The at-fault party committed an intentional tort.
• The defendant is determined to be at least 60% responsible for the total liability apportioned amongst all parties.
• The harm includes a violation of the Hazardous Sites Cleanup Act or the Liquor Code.

Limited Tort vs. Full Tort Insurance in Pennsylvania Car Accident Cases

Pennsylvania has a unique car insurance system that largely determines what compensation a car accident victim can recover before the crash even occurs. Under 75 Pa.C.S. §1705, Pennsylvania drivers have the option of purchasing full or limited tort insurance. With full tort insurance, you can seek compensation for your economic and non-economic damages, including pain and suffering. 

With limited tort insurance, you cannot pursue compensation for non-economic damages, including pain and suffering, unless an exception applies under 75 Pa.C.S. §1705(d), such as you were the occupant of a vehicle other than a private passenger vehicle or you suffered a serious injury, as defined by Pennsylvania law.

What Damages Are Recoverable in a Pennsylvania Personal Injury Claim?

If you’ve been injured in Pittsburgh because of someone else’s negligence or reckless actions, you have the right to demand maximum compensation. Our mission is to make sure you recover the full measure of your damages—physically, emotionally, and financially. Here’s what you can claim:

• Medical expenses: This includes the cost of medical treatment, hospitalization, surgeries, medications, rehabilitation, physical therapy, and any other necessary medical care related to the injuries sustained in the accident. This category also includes future medical expenses that are reasonable and necessary due to the injuries.
• Lost wages: If the injuries prevent you from working or require time off for recovery, you may be eligible to recover the wages you would have earned during that period. This can include both current and future lost wages.
• Property damage: If personal property (e.g., a vehicle) was damaged in the accident, the cost of repairs or replacement can be included in the claim.
• Pain and suffering: If you’ve been injured due to someone else’s careless actions, Compensation may be awarded for the physical pain, emotional distress, and mental anguish caused by the injuries. This includes both the immediate suffering and any long-term consequences. Your tort election can affect whether you can recover compensation for these damages if you were injured in a car crash.
• Loss of consortium: If the injuries affected your relationship with your spouse, your spouse may be eligible to seek compensation for the loss of companionship, support, and intimacy.
• Punitive damages: In rare cases in which the at-fault party displayed outrageous conduct showing evil motive or reckless indifference, punitive damages can be awarded. Pennsylvania generally has no statutory cap on punitive damages in ordinary injury cases, but certain statutory exceptions may apply, including certain medical malpractice claims.

What Is My Personal Injury Case Worth?

Unless the case is against a government agency, the amount of damages in most personal injury cases is uncapped in Pennsylvania, so there is virtually no limit to the potential value of a claim. The potential value of a personal injury claim depends on various factors, such as:

• The nature and severity of your injuries
• The permanence of your injuries
• How your injuries affect your ability to work
• The extent of your pain and suffering 
• Your tort election (in car accident cases)
• Available insurance coverage

 

What Kind of Accident Were You Involved In?

Monge & Associates Injury & Accident Attorneys handles various types of personal injury cases, including the following:

Car Crashes

Our law firm handles cases involving delivery vehicle accidents, Lyft & Uber accidents, rear-end accidents, head-on collisions, and multi-vehicle crashes. A crash on I-376 or Parkway East can cause serious injuries that quickly exceed the minimum liability insurance policies that many drivers carry. Our legal team can help identify all potential sources of compensation to maximize your financial recovery.

Truck Collisions

Truck crashes differ from car accidents in many significant ways, underscoring the need to hire an experienced truck accident attorney. These cases often involve multiple liable parties, complex federal regulations, evidence that is destroyed on a schedule, and materially larger insurance policies. Major freight corridors on I-79 and Parkway East pose a significant threat to other motorists.

Slip, Trip, and Fall and Other Premises Liability Claims

Pennsylvania property owners have a duty to maintain their property in a safe condition to avoid causing foreseeable injuries to visitors. State law also dictates when property owners must clear walkways and sidewalks of snow and ice. 

Workplace Injuries and Third-Party Claims

Workers’ compensation is considered an exclusive remedy, so injured workers usually can’t sue their employers. However, they may have a viable third-party claim against someone other than their employer. Our workplace injury attorneys can investigate your case and determine all parties who may bear liability.

Dog Bites and Animal Attacks

Under Pennsylvania law, a dog owner or keeper is responsible for paying for any cost to the victim for medical treatment due to their attacking or biting dog. Other damages can be awarded if your personal injury attorney can prove that the dog owner or keeper was negligent. 

Wrongful Death and Survival Actions

When someone’s negligence or wrongful act results in the victim’s death, two separate legal claims may apply. The wrongful death action provided for under 42 Pa.C.S. §8301 permits the surviving spouse, children, or parents to recover compensation for certain losses allowed by law. Under 42 Pa.C.S. §8302, the deceased person’s own cause of action survives and may be pursued by the estate’s personal representative, subject to the rules governing survival damages.

How Long Do You Have to File an Injury Claim in Pennsylvania?

2 Pa.C.S. §5524 generally gives accident victims two years to file a personal injury lawsuit. This statute of limitations establishes a strict deadline by which you must file your case. If you fail to file within the appropriate timeframe, your claim can be dismissed, and you can be barred from recovering compensation through the civil court system. 

Some claims have shortened deadlines (government claims), while exceptions can extend the filing deadline (claims involving a minor accident victim). Protect your legal rights by contacting a knowledgeable personal injury attorney today.

Where Injuries Most Often Occur in Pittsburgh

The Commonwealth of Pennsylvania recorded 109,515 reportable motor vehicle crashes in 2025, which resulted in 1,047 traffic fatalities. Allegheny County accounted for 10,218 police-reported crashes in 2024, including 21 fatal crashes. Ten of these crashes occurred on state routes, eight on city streets, and three on interstate highways.

According to news reports, 70% of fatal crashes and 60% of serious vehicle injuries occur in the High Injury Network, which includes:

• Penn Avenue
• Boulevard of the Allies
• East Carson Street

Other locations known for a high rate of accidents include:

• I-376
• Parkway East
• The Fort Pitt Bridge and Tunnel
• The Liberty Bridge
• Route 28
• I-79
• I-279
• McKnight Road

Victims who sustain serious injuries are often taken to the following trauma centers:

• UPMC Presbyterian
• Allegheny General
• UPMC Mercy

 

Where Allegheny County Personal Injury Cases Are Filed

Pittsburgh personal injury lawsuits are usually filed in the Court of Common Pleas of Allegheny County, Fifth Judicial District, Civil Division at the City-County Building, 7th and 8th Floors, 414 Grant Street, Pittsburgh, PA 15219. If federal jurisdiction and removal requirements are met, the case can be removed to federal court, which is the United States District Court for the Western District of Pennsylvania, 700 Grant Street.

Top Ten Reasons to Choose the Winning Team at Monge & Associates

1. We have been featured on various TV networks, such as ABC, NBC, CBS, CNN, FOX, and many others. 
2. Trial Magazine listed us as “One of the Most Influential Law Firms in America.” 
3. We were voted “Best Law Firm” by the American Institute of Trial Lawyers. 
4. We have the highest rating on the national attorney rating service Avvo. 
5. We have the highest Google rating among law firms with more than 200 members.
6. We authored the book “Secrets to Win Your Injury Case.” 
7. We are Bar members in good standing, recognized for service on various State Bar Committees such as the Disciplinary Rules Committee, and engaged in a wide range of charitable and community activities.
8. We have given back to the community with many charitable programs such as feeding the homeless, giving school supplies for needy children, providing hearing aids for the elderly who cannot financially afford them, scholarships for financially needy students, partnering with Children’s Miracle Network to help terminally ill children, and many other charitable programs 
9. We have a State Bar-approved Mentor.
10. We are featured speakers at various national lawyer events attended by lawyers from across the country.

 

What Our Clients Say About Our Legal Services

Since 1993, Monge & Associates Injury & Accident Attorneys has helped thousands of clients recover billions of dollars in jury verdicts and settlements. This is a small sampling of what our clients in Pittsburgh, PA have to say about us:

“James Lopez, without a doubt, one of the best lawyers. He is very attentive to his work, always keeping me informed of anything and never gave up until he won the case. I highly recommend him.”

“I never wrote a review for anyone, but working with Monge & Associates was the best experience I had ever encountered. James Lopez and Fernando had gotten me the max that my situation would allow me to receive! I would highly recommend them to anyone who has been in an accident! They handled my case with compassion and understanding! They communicated with me with all updates and I can honestly say I was very satisfied with their help! Great job!”

“Very satisfied with the services of my lawyer James Lopez. He was very transparent and had professional patience with my understanding of the case. Got me back more than I thought I was going to get, and for that I’m grateful. Thank you Monge & Associates for your services.”

“Monge & Associates attorney Mr. James P. Lopez was a great attorney to my mother. Mr. Lopez was caring, supportive, and patient. He contacted my mother on a weekly basis until she won her settlement. He still calls her and checks on her well-being. I give this attorney a 5 star review. Thanks, Mr. James P. Lopez.”

“My husband and I were very pleased with Monge and Associates. They took very good care of us. Our lawyer James Lopez was very helpful, nice, and anything that we did not understand, he did not hesitate to get us the answers. I would definitely be recommending this law firm to any friends or family that I know that need assistance with auto accidents.”

 

FAQs

How much can you sue for pain and suffering in Pennsylvania?

Pennsylvania has no cap on pain and suffering in ordinary injury cases. However, if you are involved in an auto accident or your claim involves a government agency, you may not be able to recover compensation for pain and suffering, or there may be a limit. 

Will I pay taxes on my injury settlement?

Compensation for physical injury is generally not taxable income. However, interest and punitive damages generally are. 

How long do I have to file an injury claim in Pittsburgh?

Pennsylvania law generally provides two years from the accident date to file a personal injury lawsuit. However, exceptions exist, so you should contact an attorney immediately if you are concerned about the deadline to file your case. 

What if I was partly at fault for the accident?

You can still recover compensation for your case as long as your share is not greater than the combined share of the defendants you are suing. However, your compensation is reduced by the degree of fault attributed to you. An experienced attorney can fight back against unfair allocations of fault to maximize your settlement or award.

Do I have a case if the other driver had no insurance?

If the at-fault driver was uninsured, you could file a claim with your uninsured motorist coverage. A winning attorney from our firm can also identify if other parties are liable for your injuries, such as employers, businesses, product manufacturers, or vehicle owners.

What is the difference between limited tort and full tort?

Limited tort insurance restricts your right to recover compensation for non-economic damages like pain and suffering unless you suffer a serious injury or another exception under the law applies. Full tort insurance allows you to pursue compensation for all your accident-related expenses, including non-economic damages. 

Who pays my medical bills while my case is pending?

You can turn to your first-party medical benefits under your auto insurance policy. Then, you can use your health insurance. Pennsylvania restricts some insurers’ reimbursement rights for healthcare services provided due to car crashes. You could also check if your medical provider would accept a payment plan or lien on your recovery so that you can receive the medical services you need now while your case is pending.

What does it cost to hire a personal injury lawyer?

Monge & Associates Injury & Accident Attorneys works on a contingency fee, so there is no fee unless we win. There’s no risk in finding out more about your legal rights and options. Call us today for a free consultation to find out what your case is worth.

What should I not say to an insurance adjuster?

You should not admit fault or speculate about what caused the accident. You should not discuss the extent of your injuries because you might not be aware of it. When you hire our personal injury law firm, you don’t have to say anything to the insurance adjuster because we handle all communications on your behalf. 

 

Call Us to Find Out How Much Your Case Is Worth

Choosing our team at Monge & Associates Injury and Accident Attorneys is the best decision you can make toward achieving the justice and compensation that are rightfully yours. Our seasoned Pittsburgh personal injury lawyers are steadfast in providing you with the personal attention you need for your case, conducting exhaustive investigations, tactfully dealing with insurance companies, and fighting your battle in the courtroom. We are unwaveringly devoted to guiding you through the legal arena with empathy and integrity as we pursue justice. From premises liability incidents to truck accident lawsuits in Pittsburgh, we are ready to assist you. Contact us today online or call us at (725) 217-4111 to find out what your case is worth. 

 

Monge & Associates Injury and Accident Attorneys, 223 Fourth Avenue, 3rd Floor, Suite 3, Pittsburgh, PA 15222 — (725) 217-4111