- Statute of Limitations: In Pennsylvania, you generally have two years from the date of the injury to file a personal injury claim, including cases of negligence or wrongful death.
- Exceptions and Variations: The statute of limitations may vary based on the type of injury and the party against whom the claim is made. Certain circumstances, such as the Discovery Rule, may also affect when the statute of limitations begins.
- Government Entity Claims: Claims against government entities have a shorter deadline of six months for notifying the government of intent to collect damages.
- Consequences of Missing the Deadline: Failing to file within the statute of limitations timeframe may result in the inability to collect damages, loss of leverage in settlement negotiations, and missed opportunities for legal recourse.
- Exceptions to the Statute: Pennsylvania law recognizes exceptions for minors, instances of absence or concealment by the defendant, and cases where the Discovery Rule applies.
- Legal Representation: It’s crucial to seek legal representation promptly after an injury to ensure compliance with the statute of limitations and to initiate the claims process effectively.
- Medical Malpractice and Wrongful Death: Special considerations apply to cases of medical malpractice and wrongful death, where the timing of the statute of limitations may differ from standard personal injury cases.
- Early Consultation: Consulting with a Meirowitz & Wasserberg personal injury lawyer early on can help initiate the claims process, conduct a thorough investigation, and maximize the chances of obtaining compensation within the statutory timeframe.
In most cases, Pennsylvania’s statute of limitations for filing a personal injury claim is two years. However, you have less time if you’re seeking damages from a government agency. But there are other exceptions in which the law extends the deadline.
If you’ve been hurt due to someone else’s negligence and want to collect damages, call the skilled and knowledgeable personal injury lawyers at Meirowitz & Wasserberg, LLP. We’ll investigate your claim, ensure it’s filed on time, and help you make a strong case that affords you the financial compensation you deserve.
Quick Links
- Overview of Pennsylvania Personal Injury Statute of Limitations
- Pennsylvania Personal Injury Statute of Limitations by Type of Injury
- Factors That Affect the Statute of Limitations
- What are the consequences of missing the statute of limitations deadline?
- Exceptions to the Pennsylvania Personal Injury Statute of Limitations
- Determining When the Statute of Limitations Begins and Ends
- Contact Meirowitz & Wasserberg Before the Statute of Limitations Runs Out on Your Case
Overview of Pennsylvania Personal Injury Statute of Limitations
You generally have two years to file a claim under the Pennsylvania personal injury statute of limitations. This includes claims for most injuries and wrongful deaths due to another party’s negligence. It also applies to claims arising from injuries due to intentional actions such as assaults. The statute of limitations clock starts ticking on the date of your injury.
Attorneys for the other party will try to delay your case, especially if you don’t have a lawyer. They know there is limited time to investigate your case and make a strong claim. To even the odds during negotiations and in court, contact the expert and dedicated Philadelphia personal injury attorneys at Meirowitz & Wasserberg, LLP, to ensure your claim is filed on time.
Pennsylvania Personal Injury Statute of Limitations by Type of Injury
The default two-year Pennsylvania statute of limitations applies to most personal injuries, such as:
- Slip and fall accident
- Car accident
- Wrongful death
- Product liability
- Pedestrian accident
- Commercial truck accident
- Motorcycle accident
- Medical malpractice
Still, it’s important to remember there are variations based on the type of injury and who your claim is against. In addition, the circumstances of your case may meet an exception under Pennsylvania law, and you may have a shorter time limit to file a claim.
Determining the correct statute of limitations for your case could significantly affect your ability to collect damages. The personal injury lawyers of Meirowitz & Wasserberg, LLP, will thoroughly review your case and advise on your legal options.
Factors That Affect the Statute of Limitations
In some cases, the Pennsylvania statute of limitations doesn’t begin on the date the injury occurred. Instead, under the Discovery Rule, it starts when it becomes reasonably possible to know that the injury happened.
This often applies in situations like medical malpractice, where a patient may not discover a misdiagnosis or its harmful effects until years later. In such cases, the clock starts when the injury is discovered—or reasonably should have been.
The statute of limitations deadline is shortened if you make your personal injury claim against a government entity. You have six months to notify the government through a written statement that you intend to collect damages. If you hurt yourself in a slip and fall or other accident on government property, the lawyers at Meirowitz & Wasserberg, LLP, can help guide you about when and how to file your claim notice.
What are the consequences of missing the statute of limitations deadline?
Unless your case merits an exception to the two-year time limit, you can’t collect damages and you might lose bargaining power in negotiations, since the defendant has no legal incentive to settle once the statute has expired. That means you will not be awarded a financial judgment even if you have significant injuries due to someone else’s negligence. And if the other party’s lawyers know you’re past the statute of limitations—or close to it—they have little incentive to offer a settlement.
If you have a strong case and plenty of time before the statute of limitations runs out, you’re more likely to reach a fair settlement and avoid a trial. Contact our Philadelphia personal injury lawyers immediately following the incident that led to your injuries so we can start working on your case.
Exceptions to the Pennsylvania Personal Injury Statute of Limitations
Pennsylvania law recognizes some instances in which the statute of limitations is tolled, meaning it doesn’t start at the date of the injury, even if you knew it occurred.
Minors
The Pennsylvania personal injury statute of limitations for unemancipated minors doesn’t start until their 18th birthday. They then have the same two-year statute of limitations as other personal injury claims.
In certain sexual abuse cases, Pennsylvania law extends the time to file a civil claim until the survivor turns 55. This gives minors 37 years after their 18th birthday to bring a claim, regardless of whether they or someone else filed a criminal complaint.
Absence or Concealment
Pennsylvania law protects you if the other party tries to avoid your claims. For example, if you are injured, and the person leaves the state for more than four months before you can file your claim, the time they were gone doesn’t count against the statute of limitations. This also applies if someone tries to avoid you by staying in the state but hides using a false name.
Determining When the Statute of Limitations Begins and Ends
For the majority of personal injury claims, the statute of limitations starts on the date of the incident that led to your injury and ends two years later. In most cases, you’re aware you were injured, and there is little chance that the courts will extend the time. There are some claims in which it is more common for the clock to start ticking on a date different than the time of injury.
Medical Malpractice
Determining the beginning and end of the statute of limitations for medical malpractice cases is trickier. Because of the Discovery Rule, your time to file a claim starts when you reasonably should have known that your injury occurred. The burden will be on you to prove that you didn’t know within the regular two-year statute of limitations. The other side will likely argue that you filed outside the limit.
Wrongful Death
In wrongful death cases, the statute of limitations begins on the date of death, not the date of the injury that led to death. Only the deceased individual’s parents, spouses, and children can file suit.
Contact Meirowitz & Wasserberg Before the Statute of Limitations Runs Out on Your Case
Obtain expert legal representation as soon as possible if you have been injured due to someone else’s actions. A proper investigation takes time, and if you don’t file your claim within the Pennsylvania personal injury statute of limitations, you cannot collect. Contact the personal injury lawyers at Meirowitz & Wasserberg, LLP, so we can start working with you immediately and fight for the compensation you deserve.
