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

In Pennsylvania, the statute of limitations for personal injury claims is two years. This means you have two years from the date of the injury—or in wrongful death cases, from the date of death—to file a lawsuit against the responsible party. Failing to file within this period can result in losing your right to seek compensation.

With decades of experience handling personal injury cases in Pennsylvania, I’ve helped countless clients file claims within the legal deadlines to maximize their compensation. Let’s explore what you need to know about the statute of limitations and how it impacts your case.

 

 

What Is the Statute of Limitations?

The statute of limitations is the legal time limit for filing a lawsuit. In Pennsylvania, the deadlines are:

• Personal Injury Claims: 2 years from the date of injury.
• Wrongful Death Claims: 2 years from the date of death.
• Property Damage Claims: 2 years from the date of damage.
• Claims Against Government Entities: A 6-month notice of intent to sue is required.

⚠️ Missing the statute of limitations means your case could be dismissed, so taking immediate action is critical.

When Does the Statute of Limitations Begin?

In most cases, the statute of limitations starts on the date of the injury or accident.

However, exceptions apply in certain situations:

• Discovery Rule: If the injury was not immediately apparent, the statute begins when the victim discovers—or reasonably should have discovered—the injury.
• Minors: If the injured party is under 18, the two-year deadline does not start until their 18th birthday, giving them until age 20 to file.
• Medical Malpractice: If a medical error is discovered later, the statute may begin from the date of discovery.

⚠️ Not sure when your deadline is? Speak with an attorney immediately to avoid missing your chance for compensation.

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. 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.

1. 1. 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.

1. 1. 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.

 

 

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. 1. Consult an Attorney Immediately:
      A lawyer can review your case and file the necessary paperwork before the deadline.

1. 1. Gather Evidence:
      Collect medical records, police reports, photos, and any other documentation relevant to your case.

1. 1. 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.

Related Content: 

• • How Much to Ask For in a Personal Injury Settlement

• • How Long Does a Personal Injury Case Take in Philadelphia?

• • How Much Do Personal Injury Lawyers Charge in Philadelphia?

• • How to Win Your Personal Injury Claim