What Is the Statute of Limitations in Pennsylvania for Personal Injury Claims?

When you or a loved one has been harmed due to someone else’s negligence, you might ask, “What is the statute of limitations for personal injury claims in Pennsylvania?” Understanding this deadline is vital to protecting your rights and securing compensation.

In Pennsylvania, the statute of limitations for personal injury claims is two years from the date of injury or death. This applies to cases involving negligence, wrongful acts, and wrongful death. Missing this deadline means forfeiting your right to seek compensation.

With decades of experience representing personal injury victims, Mattiacci Law has successfully guided countless clients through Pennsylvania’s legal system. Below, we’ll break down the statute of limitations, important exceptions, and steps to ensure your claim is filed on time.

 

 

What Is the Statute of Limitations?

The statute of limitations is a legal deadline for filing a lawsuit.

In Pennsylvania:

  • Personal Injury Claims: Two years from the date of injury.
  • Wrongful Death Claims: Two years from the date of death.
  • Property Damage Claims: Two years from the date the damage occurred.

Quick Tip: Missing the statute of limitations can result in your case being dismissed, so it’s vital to act quickly.

A personal injury attorney reviewing documents in a settlement case

When Does the Statute of Limitations Begin?

The statute of limitations typically starts on the date of the injury or incident.

For example:

  • Car Accidents: The clock starts on the date of the crash.
  • Slip and Fall: The date of the accident begins the two-year countdown.
  • Medical Malpractice: The statute generally starts on the date of the medical error.

Quick Tip: If you’re unsure when the statute of limitations began in your case, consult an attorney immediately to avoid missing deadlines.

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What Are the Exceptions to the Two-Year Rule?

There are specific exceptions to Pennsylvania’s statute of limitations that may extend the filing deadline.

  1. The Discovery Rule:
    • Applies when injuries or their causes are not immediately apparent.
    • The statute begins when the victim becomes aware of—or reasonably should have become aware of—the injury.
      Example: A surgical error discovered months after the procedure may qualify under this rule.
  2. Minors:
    • If the injured person is under 18, the statute of limitations does not begin until their 18th birthday.
    • They have until their 20th birthday to file a lawsuit.
  3. Claims Against Government Entities:
    • Special rules apply when filing claims against state or local governments.
    • You must file a written notice within six months of the injury and include details such as:
      • The injured person’s name and address.
      • The date, time, and location of the accident.
      • Contact information for any treating physicians.

Quick Tip: Exceptions to the statute of limitations can be complex. Seek legal guidance to ensure you understand your rights.

Why Is the Statute of Limitations Important?

Meeting the statute of limitations is essential for preserving your right to compensation.

  • Legal Consequences: Filing after the deadline almost always results in your case being dismissed.
  • Evidence Preservation: Acting quickly ensures that crucial evidence, such as witness statements and physical evidence, is not lost over time.

Quick Tip: Contacting an attorney as soon as possible after your injury can help secure critical evidence and build a strong case.

Common Mistakes That Lead to Missed Deadlines

Common mistakes that lead to missing the statute of limitations include waiting too long to consult an attorney, relying on insurance negotiations, misunderstanding exceptions like the discovery rule, and ignoring worsening symptoms.

Missing the statute of limitations is often the result of preventable errors. Here are the most common mistakes and how to avoid them:

  1. Waiting Too Long to Seek Legal Advice:
    Delaying contact with an attorney can result in missed deadlines. Consult a lawyer immediately after your injury.

  2. Relying on Insurance Negotiations:
    Insurance companies may delay negotiations to run out the clock. The statute of limitations still applies regardless of ongoing discussions.

  3. Misunderstanding Exceptions:
    Exceptions like the discovery rule or minor status can be complex. Misinterpreting them can lead to missed deadlines.

  4. Ignoring Symptoms That Worsen Over Time:
    Some injuries seem minor at first but worsen later. Acting early ensures all damages are documented and addressed.

Quick Tip: Avoid these pitfalls by consulting a lawyer who understands Pennsylvania’s statute of limitations rules.

 

An injured victim in Pennsylvania seeking compensation for damages

 

What Steps Should You Take If the Deadline Is Approaching?

If you’re close to the statute of limitations deadline, here’s what you need to do:

  1. Consult an Attorney Immediately:
    A lawyer can review your case and file the necessary paperwork before the deadline.
  2. Gather Evidence:
    Collect medical records, police reports, photos, and any other documentation relevant to your case.
  3. File a Complaint Quickly:
    Your attorney will draft and file a formal complaint with the court to initiate your lawsuit.

Quick Tip: Don’t wait until the last minute—acting early gives your attorney more time to prepare a strong case.

Call Now for a Free Consultation

Understanding the statute of limitations can be confusing, but acting quickly is critical to protecting your rights. At Mattiacci Law, we’re here to guide you through the legal process and ensure you meet every deadline.

Call Mattiacci Law today at 856-219-2481 for a free, no-obligation consultation. Let us help you pursue the compensation you deserve before time runs out.

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FAQs About Pennsylvania’s Statute of Limitations

What happens if I miss the statute of limitations?

Your case will likely be dismissed, and you will lose the right to recover compensation.

Does the statute of limitations apply to insurance claims?

No, it applies to lawsuits. However, delays in filing an insurance claim can hurt your case.

Can the statute of limitations be extended?

Only under specific exceptions like the discovery rule or if the injured party is a minor.

How does the discovery rule work?

The statute starts when you become aware of the injury, even if it’s months or years after the incident.

What is the statute of limitations for wrongful death in Pennsylvania?

Two years from the date of death.

Do I need to notify the government for a claim?

Yes, for claims against a government entity, you must send written notice within six months.

Can a lawsuit be filed after the statute of limitations expires?

In rare cases, courts may allow it if exceptional circumstances exist, but this is uncommon.

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