Time waits for no one, even after you are injured in a car accident in Pennsylvania. Regardless of how serious your injuries are, the statute of limitations for car accidents in Pennsylvania (42 Pa. CS § 5524) only gives you two years from the date of the accident to file a lawsuit against the liable party.
This means that if you are injured in an accident on June 23, 2025, you must file the paperwork for your lawsuit with the appropriate court no later than June 23, 2027. Two years may seem like an entirely reasonable timeframe, but it can move by quickly, especially if you are recovering from catastrophic injuries.
Because tracking the statute of limitations for car accidents in Pennsylvania isn’t likely to be your top priority after a car accident, time can easily slip away from you. Typically, the best way to ensure you don’t accidentally hit your time limit is by contacting an experienced personal injury lawyer as soon as possible after getting hurt.
Are There Any Exceptions to This Time Limit?
Not only are there exceptions, but some of the exceptions can benefit you, and others can be detrimental. The most important exception to understand is that the statute of limitations isn’t a federal standard.
The general rule is that every state has different statute of limitations rules. Pennsylvania regulations only apply to your accident if your car accident occurred in the state. However, if you live in Pennsylvania but got into an accident elsewhere, the statute of limitations in your home state is irrelevant.
Assuming your accident was in Pennsylvania, though, the following exceptions may extend the time you have to file a lawsuit:
- If you are filing a wrongful death claim, the two-year time limit starts when your loved one died, even if that is after the accident that caused their fatal injuries
- When a minor is injured, the two-year time limit doesn’t start until they turn 18 years old
- If you are incapacitated by your injuries, the time limit doesn’t start until you recover from that incapacitation
- If the liable party flees the state or hides within the state, the time while they are absent or hidden doesn’t count toward the two-year time limit
- If your doctors fail to identify an injury during an initial evaluation, the clock for the statute of limitations for any injury later discovered begins when it is discovered
Unfortunately, there is also one exception to the statute of limitations that effectively decreases the time you have to act after a car accident. If the party that you wish to sue is a government entity (state or local), you must notify the government of your intent to file a lawsuit within six months of the date that you were injured.
This notification does not count as filing a lawsuit with the court. However, if you don’t notify the government within this time limit, the court will not allow you to later file a lawsuit. If you do provide notification, though, you can still delay filing the lawsuit until the normal two-year statute of limitations runs out.
What Happens if I Miss the Timeline to File My Claim?
Unfortunately, nothing good happens if you miss the deadline to file your claim. Other than in cases involving exceptional circumstances, the judge handling your case will typically dismiss it with prejudice. This means that you can’t file another claim or get any type of award from the legal system.
Furthermore, if you miss your opportunity to file a lawsuit, the insurance companies no longer have any reason to offer you a settlement. Typically, insurance companies will just deny any outstanding claim you have and end any communications with you and your lawyer.
An experienced attorney may be able to find an exception that allows you to continue with your lawsuit even after it appears that you missed the cutoff for filing a claim. However, if those exceptions aren’t available, you may be out of options.
Finally, it is worth noting that sometimes several different time limits may apply to the same accident. For example, if you and your minor child were hurt in a car accident, the time limit to file a lawsuit for your minor child would be quite a bit longer than the time limit to file a lawsuit for any injuries you suffered.
Juggling these different time limits can be complicated. If you aren’t careful, you might miss one even though you filed another lawsuit within its time limit.
Skilled Pennsylvania Auto Accident Injury Law Firm
When you suffer injuries in a car accident in Pennsylvania, the law allows you to file a lawsuit or an insurance claim to get compensation for those injuries. However, you don’t have unlimited time to file that claim. If you wait too long, the statute of limitations will run out, and you can lose your ability to pursue legal options for compensation.
At Wilk Law Personal Injury & Car Accident Lawyers, we protect your rights by determining how long you have left to take legal action and ensuring that you don’t accidentally miss these deadlines.
If you have been seriously injured in a car accident in Pennsylvania, contact our West Chester car accident lawyers as soon as possible to learn more about how we can help with your case.