Pennsylvania Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. A written statement must be filed within 6 months from the date the injury was sustained or the cause of action accrued (42 Pa.C.S. 5522(a)). If it is not filed, any civil action commenced against the government unit more than 6 months after the injury is dismissed. Reading the statute or contacting the unit's risk management office or clerk confirms the current rule.

2. 2

   Commonwealth track: a claim for damages against a Commonwealth agency is filed in the office of that agency AND in the office of the Attorney General. Filing with only one of them does not meet the rule.

3. 3

   Local track: a claim against a city, county, township, borough, school district or other local government unit is filed in the office of that unit.

4. 4

   Three rules apply to local units only: up to 90 days during which the injured person is incapacitated by the injury is excluded, in death cases the 6 months run from the death, and failing to file is not a bar if the unit had actual or constructive notice of the incident or condition giving rise to the claim (42 Pa.C.S. 5522(a)(3)).

5. 5

   The statement is in writing, signed by or on behalf of the claimant, and gives the name and residence address of the person to whom the cause of action accrued and of the person injured, the date and hour of the accident, its approximate location, and the name and residence or office address of any attending physician.

6. 6

   The court shall excuse a failure to file on a showing of reasonable excuse (42 Pa.C.S. 5522(a)(2)). That is decided by the court, so file within the 6 months rather than rely on it.

7. 7

   Ask each office which form, if any, and which delivery method it uses, and keep proof of the date each office received the statement.

Pennsylvania Requirements for Notice of Claim

• Six-Month Written Statement

  42 Pa.C.S. 5522(a): a written statement is due within 6 months from the date the injury was sustained or the cause of action accrued.

• Commonwealth Agency: Two Filings

  42 Pa.C.S. 5522(a)(1): a damages claim against a Commonwealth agency is filed in the agency's office and in the office of the Attorney General.

• Local Unit Rules

  42 Pa.C.S. 5522(a)(3): for local units, up to 90 days of injury-caused incapacity is excluded, death cases run from the death, and actual or constructive notice excuses the filing.

• Missed Filing and Reasonable Excuse

  42 Pa.C.S. 5522(a)(2): without the statement, a suit commenced more than 6 months after injury is dismissed; the court shall excuse a failure on a showing of reasonable excuse.

• Damages Limits

  42 Pa.C.S. 8528(b): Commonwealth $250,000 per plaintiff, $1,000,000 aggregate. 42 Pa.C.S. 8553(b): local agencies $500,000 aggregate, with pain and suffering limited by 8553(c)(2).

• Required Statement Contents

  Name and residence address of the person to whom the claim accrued and of the person injured, the date and hour, the approximate location, and any attending physician's address.

• Signature

  The statement is signed by the claimant or by someone on the claimant's behalf.