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Pennsylvania Personal Injury Statute of Limitations

Posted on 07/24/23

Legal action, mainly concerning personal injury, is often time-sensitive. Waiting too long to file a claim could lead to violating the statute of limitations, a law that sets the maximum period one can wait before filing a legal claim. This would prevent a potential plaintiff from receiving due compensation. As a result, it is helpful to understand and act on these legal requirements as soon as possible.

However, many people may fail to recognize the importance of taking quick legal action. Even if they do, they may be unaware of the specific time constraints that apply to their situation.

We will dive deeply into Pennsylvania’s personal injury statute of limitations. By reviewing relevant laws and factors that may affect your legal strategy, we hope to provide you with vital information. Learn how Pennsylvania’s statute of limitations may affect your case in the future by reading below.

Is There a Time Limit to File a Personal Injury Lawsuit in Pennsylvania?

Yes, there is a time limit or a statute of limitations to file a personal injury lawsuit in Pennsylvania. According to state law, the statute of limitations for personal injury cases is generally two years. This means you have two years from the date of the injury to file a lawsuit.

Certain factors can affect when the statute of limitations starts. The clock typically starts ticking on the date the injury occurred. However, an injury or harm may not be immediately apparent in some cases. In these situations, the “discovery rule” may apply. This rule states that the statute of limitations begins when the injury happens or you should have reasonably discovered it.

This could be relevant in medical malpractice cases where the damage from a doctor’s negligence might not be immediately apparent, or in toxic tort cases where a person gets exposed to a harmful substance but the effects do not appear until later.

Therefore, if you believe you have a personal injury case, it is crucial to consult with a lawyer as soon as possible to ensure you do not miss the deadline for filing your lawsuit. Remember, if you miss this deadline, you may lose your right to seek compensation for your injuries.

As per Pennsylvania Title 42 § 5524, the statute applies to a variety of claims, including but not limited to:

  • An action for an injury or death, whether based on negligence, strict liability, or intentional conduct, to the person
  • Any action for trespassing, physical injury, or damage to real or personal property
  • A motion for taking, detaining, or injuring personal property, including activities for specific recovery

As exceptions can and do apply, it’s critical to consult with a legal professional to ensure your understanding of this law and its implications for your particular situation. Laws may vary depending on the nature of the case and the specifics of the injury, so it’s essential to get accurate, up-to-date legal advice.

What Exactly Are Statutes of Limitations?

Statutes of limitations are laws enacted by governmental bodies to set the maximum time after an event within which you can initiate legal proceedings. This time frame varies depending on the type of case, the jurisdiction, and the specific details of the incident in question.

In the context of personal injury, these laws outline a set duration during which an injured party can file a lawsuit against the party believed to be responsible. The timeframe starts from the incident date or, in some instances, from when you discovered the injury or reasonably should have discovered it.

These statutes exist for several reasons. For starters, they promote quick claim resolution. Statutes that impose a time limit encourage injured parties to pursue their legal options as soon as possible, reducing the likelihood of lengthy disputes.

Second, they intend to protect the integrity of evidence. Evidence can be lost or degraded over time, and memories can fade. The law seeks to ensure that cases are decided based on the best available evidence by establishing a timeframe for legal action.

Finally, statutes of limitations provide potential defendants with some degree of certainty and protection. After a certain period, individuals can live without fearing being sued for past actions. This can give closure to all parties involved.

However, remember that the application and exceptions to these statutes can be complicated and vary significantly by jurisdiction and case type. If you believe you have a personal injury claim, you should speak with a lawyer as soon as possible to learn about the limitations that may apply.

Exceptions to the Personal Injury Statute of Limitations in Pennsylvania

While Pennsylvania generally sticks to the two-year rule for filing personal injury lawsuits, there are some cases where the court may extend this deadline. This legal pause, known as tolling the statute, can come into play in situations like birth injuries or illnesses linked to exposure to harmful substances discovered later on. Here are a few ways the clock might be stopped, according to Pennsylvania law:

  • Defendant absence – If the person believed to be at fault left Pennsylvania for more than four months after the accident, and before you file your lawsuit, it could extend the deadline. The same goes if they tried to hide in Pennsylvania under a false name.
  • Young victims – If the person injured is a minor (not legally an adult) at the time of the accident, they get a bit more time. They can start a personal injury lawsuit within two years from their 18th birthday.

Every case is unique, so getting a professional opinion is a good idea, even if you might have missed the deadline. Having a personal injury attorney from eastern Pennsylvania look at your case is a smart move.

What Is the Discovery Rule?

The “discovery rule” is a significant exception in the realm of statutes of limitations, especially in personal injury cases. Under this rule, the clock on the statute of limitations doesn’t start ticking when the injury occurs but rather when you discover the damage or reasonably should have noticed it.

This rule recognizes that, in some cases, injuries or their causes are not immediately visible or known. Consider the following scenario: a person got exposed to a toxic substance without their knowledge. They may not realize they have sustained harm until symptoms appear months or years later. In such a case, starting the clock at the time of exposure would be unfair. The discovery rule, on the other hand, allows the statute of limitations to begin when the victim becomes aware of, or should have become aware of, their injury.

The discovery rule, however, can be difficult to apply because it requires determining when a person should have reasonably discovered their injury. As a result, it’s always a good idea to consult with a legal professional to figure out how the rule might apply in a particular situation.

Statute of Limitations for Minors

The statute of limitations for personal injury cases can vary when it involves minors or individuals under the legal age of 18. In many jurisdictions, the clock on the statute of limitations doesn’t start ticking until the minor reaches the age of 18. This means minors generally have more time to file a personal injury lawsuit than adults.

According to Pennsylvania law, if a child is injured before they turn 18, the statute of limitations typically doesn’t start until their 18th birthday. So, for example, if a 15-year-old child gets injured in a car accident, they would normally have until their 20th birthday to file a lawsuit seeking damages.

However, there are exceptions. In medical malpractice cases, for instance, the statute of limitations may still apply, and the claim must be filed by the minor’s 20th birthday, regardless of when the injury occurred.

Why It Is Important to Act Quickly

Time is of the essence when dealing with car accident cases, mainly due to the statute of limitations, which is the legal timeframe within which you can bring a lawsuit. This clock starts ticking in Indiana from the accident date or when you first discover the injury.

According to Pennsylvania law, you must file a personal injury lawsuit, including car accidents, within two years of the accident or discovery of the injury. Waiting too long can result in your right to legal recourse forfeiture. The court strictly reinforces this deadline, and few exceptions exist to extend it.

Also, acting quickly enables more precise and efficient evidence gathering. Over time, evidence can get lost, and witnesses’ memories may fade, potentially weakening your case. Furthermore, it allows your attorney time to build a strong case, negotiate with insurance companies, and file the lawsuit, if necessary.

What Are Some Types of Cases That the Statute Applies To?

The statute of limitations applies to various types of personal injury cases in Pennsylvania. Here are some instances where these laws are applicable:

  • Motor vehicle accidents – This includes accidents involving cars, trucks, and motorcycles. Accidents may occur due to several reasons like negligence, drunk driving, or violation of traffic rules. Victims may claim compensation for injuries, property damage, and other losses.
  • Bicycle accidents – Cyclists are vulnerable to serious injuries when accidents occur due to negligent drivers, poor road conditions, or faulty cycling equipment. Victims can seek damages for medical bills, lost wages, and pain and suffering from a bicycle accident, and the compensation can be higher due to the severity of the injuries.
  • Pedestrian accidents – Pedestrians are more likely to suffer severe injuries when involved in traffic accidents, including crosswalk injuries, dart-out accidents, intersection dashes, passing accidents, and back-up or merging accidents. Claims may cover medical expenses, rehabilitation costs, loss of earnings, and more.
  • Premises liability – Owners are expected to keep their property safe. If a person gets injured due to hazardous conditions, they may have a premises liability claim. This includes slip and fall accidents, dog bites, or swimming pool accidents. For example, you walk into a gas station and trip over a loose tile, falling and sustaining injuries. You could have a case if the owner knew of the loose tile and didn’t have the proper signage.
  • Product liability – If a faulty or dangerous product causes injury, victims can sue manufacturers, distributors, or retailers. These cases can cover everything from defective household appliances to unsafe medication, and it’s best to have a qualified lawyer on your side because you can be up against multi-billion dollar corporations.
  • Medical malpractice – This occurs when a healthcare provider’s negligence causes harm. In Pennsylvania, the “statute of repose” limits malpractice suits to seven years from the act, regardless of when you discovered the damage. The MCARE Act also provides guidelines for medical malpractice cases, including improving patient safety, giving compensation to persons injured due to medical negligence, and ensuring affordable liability insurance for healthcare providers.
  • Nursing home abuse and neglect – Residents of nursing homes have a right to safe and respectful care. They or their families can file a lawsuit if they suffer abuse or neglect. This includes physical or sexual abuse, financial or emotional abuse, or neglect.
  • Wrongful death – If a person dies due to someone else’s wrongful act, negligence, or misconduct, their family can sue for wrongful death. This can cover losses like funeral expenses, loss of companionship, and future earnings. Again, the two-year statute of limitations applies in this case, so it’s a good idea to file as quickly as you can if you believe your loved one’s death was from someone else’s misconduct or negligence.

Experienced Pennsylvania Injury Lawyer

If you’re navigating the complexities of a personal injury case in Pennsylvania, consider partnering with an experienced legal advocate such as Wilk Law. With a history spanning decades, Wilk Law has the expertise and determination to help clients successfully resolve various personal injury cases.

Our lawyers are dedicated to our clients, providing personalized and professional guidance at every step of the legal process. We are committed to securing the compensation our clients deserve, whether that involves negotiating a settlement or litigating a case in court. From motor vehicle accidents to nursing home abuse and neglect, our team at Wilk Law is skilled in a broad range of personal injury fields.

At Wilk Law, we recognize that each client’s case is unique. We listen to our clients’ stories, understand their needs, and develop tailored strategies to pursue the best possible outcome for each individual. Our approach combines compassion for our clients with tenacity in the courtroom, making us a reliable ally in your pursuit of justice.

Experiencing a personal injury can be a life-altering event, causing physical pain, emotional distress, and financial hardship. However, you don’t have to face these challenges alone. With Wilk Law by your side, you can confidently navigate the legal system and strive to secure the compensation you deserve. To learn more about Wilk Law and how we can assist with your personal injury case, explore our website and schedule a free, no-obligation consultation with one of our skilled staff.