Pennsylvania Superior Court Decision Can Help Injured Plaintiffs Recover More

It has been a decade since then Governor Tom Corbett signed into the law what was called the Fair Share Act (FSA), although the Unfair Share Act may have been a more accurate name. Before the FSA, if two defendants caused your injuries, but one couldn’t afford to pay, the other defendant was responsible. Under the FSA, a defendant is responsible for paying the total verdict only if it was more than 60 percent at fault. In that case, the victim of the negligence only received 60 cents per dollar.

That all changed on March 18, 2021 when the Pennsylvania Superior Court concluded in Spencer v. Johnson that the FSA’s limits on recoveries applied only when the victim was partly responsible for some of his or her injuries.

In Spencer, the Superior Court clarified that when a plaintiff has not contributed to his or her injuries, then each defendant is responsible for the entire jury award. This is a far fairer share.

Our office has regularly fought for our clients and others against reforms like these that only reduced victim’s rights. That’s what we do while representing injured individuals. If you were injured by another party’s negligence, please call our office at 610-446-3457 or click here to send an email to set up a consultation with one of our attorneys. We will explain the process, guide you and fight to get the recovery you deserve.

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