Pennsylvania

Pre-Settlement Funding in Pennsylvania

If you have an active personal injury lawsuit in Pennsylvania, pre-settlement funding can provide a non-recourse cash advance against your case's expected value — no credit check, no monthly payments, and repayment only from your settlement if your case wins.

Pennsylvania is one of the highest personal-injury-filing-rate states in the country. It uses modified comparative negligence with a 51% bar, generally gives plaintiffs two years to file, and places no general cap on damages in standard personal injury cases.

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Know the Law

Pennsylvania Personal Injury Law: What Affects Your Case

Pennsylvania files personal injury lawsuits at a rate well above the national average, with Philadelphia's court system in particular handling a large volume of auto accident, premises liability, and workplace injury claims.

Fault Rule	Modified comparative negligence with a 51% bar (42 Pa. C.S. § 7102) — if you are found 51% or more at fault, you cannot recover. At 50% or less, your damages are reduced by your percentage of fault.
Statute of Limitations	Generally 2 years from the date of injury for most personal injury claims.
Damages Cap	No general cap on economic or non-economic damages in standard personal injury cases. Punitive damages, where available, are generally limited to a multiple of compensatory damages.
Liability Rule	Fair Share Act (42 Pa. C.S. § 7102(a.1)) — a defendant found liable for less than 60% of the fault generally pays only their proportionate share; a defendant found 60% or more at fault is jointly and severally liable for the full award.
Litigation Funding Regulation	No Pennsylvania statute currently licenses or caps fees for consumer litigation funding. The state Supreme Court's Civil Procedural Rules Committee has proposed a discovery-disclosure rule for funding agreements, but it had not been adopted as of this writing — confirm current status before relying on this.

Eligibility

Who Qualifies for Funding in Pennsylvania

Most active Pennsylvania personal injury cases with attorney representation can be reviewed for funding — car accidents, commercial trucking claims, premises liability and slip-and-fall cases, and workplace third-party claims are all common case types, with significant filing volume concentrated in Philadelphia and Allegheny counties.

Funding review focuses on liability strength and realistic settlement value rather than how long the case has been pending, which matters given how much caseload Pennsylvania's busier county court systems carry.

Why It Matters

What the Fair Share Act Means for Multi-Defendant Cases

Pennsylvania's Fair Share Act narrowed joint-and-several liability significantly compared to the state's prior common-law rule: today, a defendant generally only pays its own proportionate share unless that defendant is found 60% or more at fault. In cases with multiple defendants of varying culpability, this makes identifying which defendant — if any — crosses the 60% threshold an important part of assessing how collectible a judgment will actually be.

Because Pennsylvania places no general cap on damages, expected case value is driven primarily by liability strength and the severity of injury, which are the same factors that drive funding review.

Q&A

Frequently Asked Questions

Can I get funding if I was partly at fault for my Pennsylvania accident?

Often, yes. Pennsylvania uses modified comparative negligence with a 51% bar (42 Pa. C.S. § 7102): you can recover damages, reduced by your percentage of fault, as long as you are not found 51% or more at fault.

How long do I have to file a personal injury lawsuit in Pennsylvania?

Generally two years from the date of injury — confirm your specific deadline with your attorney, since some claim types (such as claims against government entities) carry different, often shorter, notice requirements.

Does Pennsylvania cap damages in my case?

No general cap on economic or non-economic damages applies in most Pennsylvania personal injury cases. Punitive damages, where available, are generally limited.

Is litigation funding regulated in Pennsylvania?

Not yet by statute. Pennsylvania does not currently have a licensing or fee-cap law for consumer litigation funding. The Pennsylvania Supreme Court's Civil Procedural Rules Committee has proposed a rule that would require funding agreements to be disclosed during discovery, but as of this writing it has not been adopted — ask any funding company directly about its agreement terms.

How fast can I get funding for a Pennsylvania case?

Most applications are reviewed within 24 hours of receiving your information and attorney confirmation.