In Pennsylvania, there are no damage caps on personal injury or medical malpractice awards. In fact, a cap on medical malpractice awards is unconstitutional under the state constitution. However, the amount of damages may be capped if the defendant tortfeasor is the Commonwealth or a municipality.
In general, the Pennsylvania statute of limitations on negligence claims for personal injury and wrongful death is two years.
In Pennsylvania, almost all claims for nursing home neglect and abuse that result in serious injury or wrongful death are taken on a contingent fee basis. Under a contingent fee, the lawyer agrees to accept a percentage of a settlement or award as opposed to billing the claimant on an hourly basis.
You can read more on Pennsylvania’s nursing home abuse laws and your rights here.
Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. The legal statutes, laws and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.