Learn which Pennsylvania court handles your injury claim to avoid costly mistakes
This guide explains where to file personal injury claims and what to expect at each court level, helping you navigate the process with confidence.
As one of the original thirteen colonies, Pennsylvania’s legal roots trace all the way back to the 17th century. Over the years, the court structure has evolved, adapting to modern demands with innovations like e-filing and video conferencing for hearings.
Despite these changes, plaintiffs still face the same essential question: Where do I file my claim?
Overview of the Pennsylvania court system
Pennsylvania’s court system handles a wide range of legal issues, including personal injury cases. Knowing where to file your claim and what to expect at each level of court can make a significant difference in how smoothly your case progresses and can ease much of the stress that comes with navigating the legal process.
Minor Courts (Magisterial District Courts)
Minor Courts, also known as Magisterial District Courts, primarily handle small claims, where the amount in controversy (the amount you are seeking from the defendant) falls below $12,000.
For personal injury cases, this means that unless your claim is for a relatively low amount, it likely won’t be filed here.
Aside from small claims, Minor Courts handle landlord-tenant disputes, traffic violations, and preliminary hearings in criminal cases.
While these courts play an important role in the broader legal system, their involvement in personal injury cases is generally limited. Most personal injury claims are filed in higher courts where more substantial damages are sought.
Minor courts are presided over by magisterial district judges (MDJs) and municipal court judges. MDJs do not have to be lawyers, but they are required to pass a qualifying exam.
Courts of Common Pleas
The Courts of Common Pleas serve as the main trial courts in Pennsylvania and are where most personal injury claims are filed. These courts have general jurisdiction over civil and criminal cases, making them the primary venue for resolving significant legal disputes, including those involving substantial damages from personal injury claims.
If you are filing a personal injury lawsuit, the specific Court of Common Pleas you’ll file in depends on the county where the injury occurred or where the defendant resides. Each of Pennsylvania’s 67 counties has its own Court of Common Pleas, and choosing the correct county is crucial for ensuring your case isn’t dismissed.
Filing a lawsuit in the Court of Common Pleas generally involves drafting a complaint, which outlines the details of your claim, the damages you are seeking, and the legal basis for your case. This complaint is then filed with the court, officially initiating the lawsuit. After filing, the defendant must be served with a copy of the complaint, ensuring they are formally notified of the legal action. Once served, the court will assign a docket number to your case, and the process of litigation begins.
To illustrate the appropriate county for filing your personal injury lawsuit, let’s consider a hypothetical scenario:
Imagine you were involved in a car accident in Montgomery County, Pennsylvania. You reside in Chester County, while the defendant, who caused the accident, lives in Philadelphia County.
In this situation, you have several options for where to file your personal injury lawsuit. You could file in Montgomery County, where the accident occurred, or in Philadelphia County, where the defendant resides. However, you generally wouldn’t be able to file in Chester County even though you live there; the focus is on where the incident occurred or where the defendant can be found.
Filing in the correct county is crucial to avoid having your case dismissed, which can result in delays, additional costs, and even jeopardize your claim, especially if you’re approaching the statute of limitations.
Appellate Courts
When a case is decided in the Court of Common Pleas, and one of the parties is dissatisfied with the outcome, they may choose to appeal the decision to a higher court. Pennsylvania's appellate courts are responsible for reviewing these decisions to ensure that the law was applied correctly and that the legal proceedings were fair.
Superior Court of Pennsylvania
The Superior Court of Pennsylvania is the primary appellate court for most civil and criminal cases, including personal injury claims. If you wish to appeal a decision from the Court of Common Pleas, your case will most likely be heard by the Superior Court.
It’s important to keep in mind that the Superior Court (as is the case with all appeals courts) doesn’t retry cases or hear new evidence. Rather, the Superior Court of Pennsylvania reviews the record from the lower court to determine if any legal errors were made that could have affected the outcome. A successful appeal might result in the lower court's decision being overturned or remanded for a new trial.
Cases in the Superior Court are typically heard by panels of three judges in Philadelphia, Harrisburg, or Pittsburgh. However, in certain situations, the court may convene en banc, with nine judges presiding over the case. Additionally, the Superior Court occasionally travels to various locations across Pennsylvania to hear cases, ensuring greater accessibility throughout the state.
Commonwealth Court of Pennsylvania
The Commonwealth Court of Pennsylvania primarily handles cases involving government entities, making it unique among the state’s appellate courts.
If your personal injury claim involves a state or local government agency—such as a lawsuit against a municipal authority for negligence in maintaining public roads or a claim against a state-run institution for injuries sustained on their property—your appeal would be heard by the Commonwealth Court. This court also hears appeals in cases related to administrative law, regulatory matters, and public sector disputes.
Supreme Court of Pennsylvania
The Supreme Court of Pennsylvania is the highest court in the state and has the final word on legal matters within Pennsylvania’s jurisdiction.
However, the Supreme Court has discretionary appellate jurisdiction, meaning it chooses which cases to review. Only the most significant or complex cases are likely to be heard by this court, including those that involve matters of public interest or where there is disagreement among lower courts. If your personal injury case reaches the Supreme Court, it typically means the legal issues at stake are of considerable importance.
The Supreme Court’s decision is final, with no further appeals possible within the state system.
The Pennsylvania Supreme Court, established in 1684, is not only the highest court in the state but also the oldest appellate court in the nation. Comprised of seven justices, the court handles over 3,000 requests for appellate review each year. While the court has broad administrative authority, it also oversees committees that set and enforce rules to ensure fairness and efficiency in the judicial system.
Special considerations for personal injury cases in Pennsylvania
Once you decide to pursue a personal injury claim in Pennsylvania, there are several important things to keep in mind. One of the most critical is the statute of limitations, which sets a strict deadline for filing your lawsuit—typically two years from the date of injury. Missing this deadline can result in your case being dismissed, regardless of its merits.
Another important consideration is the concept of comparative negligence. Pennsylvania follows a modified comparative negligence rule, meaning that if you are found to be partially at fault for your injury, your compensation may be reduced by your percentage of fault. However, if you are more than 50 percent responsible, you may be barred from recovering any damages.
Venue selection also plays a crucial role in personal injury cases. Deciding where to file your lawsuit—whether in the county where the injury occurred, where the defendant resides, or where the defendant’s business is located—can affect everything from the jury pool to the applicable local laws, which in turn can influence the outcome of your case.
Finally, alternative dispute resolution (ADR) options, such as mediation or arbitration, may be available or even required before your case goes to trial. ADR can offer a quicker and less adversarial way to resolve disputes, potentially saving time and costs for all parties involved.
See our guide Choosing a personal injury attorney.