How Long Do I Have to File a Personal Injury Lawsuit in Pennsylvania?

In Pennsylvania, there is a two-year statute of limitations to file a personal injury lawsuit. Under 42 Pa. C.S. §5524, you have two years from the date of the initial injury onwards to file for compensation.

If you miss this filing date, you may risk not being able to bring a personal injury claim in Pennsylvania. However, there are certain exceptions that a personal injury lawyer may be able to argue on your behalf. For a consultation about your injury case, contact PhillyLaw today.

What Is a Personal Injury Case?

When someone harms you, whether intentionally or because of their negligence, they may be able to be held accountable under personal injury law. A personal injury case is an area of civil law that involves paying monetary damages for harm done.

Personal injury cases typically involve one party that is acting negligently and causes harm. This might be a drunk driver who smashes into your car, a doctor who fails to prepare for an operation, a hunter who shoots their gun recklessly, a landlord who does not maintain a safe building, or other instances. In some cases, personal injury law also involves strict liability, such as a defective pharmaceutical or product, or international harm.

Personal injury law typically has three distinct components that you must prove:

1. You were directly harmed by someone’s actions.

2. Their actions resulted in you experiencing financial loss, such as medical bills, repair costs, or time off work.

3. Their actions fell below a reasonable standard of care.

Why Is There a Deadline to File a Personal Injury Case in PA?

Personal injury claims are usually filed to help plaintiffs afford their medical bills and other expenses after an accident. While you may need to wait until you have reached maximum medical improvement (MMI) to fully settle a case and account for the total extent of your medical bills, you should by no means wait until then to file your claim. The two-year deadline in personal injury law is meant to prevent unfair and frivolous claims from being filed too late to track down all of the details accurately.

After a certain period has passed, it would be unrealistic to fully account for all of the bills and expenses accrued, as well as collect evidence and eyewitness statements about the facts of the accident.

On the flip side of the coin, the sooner you file, the stronger your case can be. Contact a personal injury lawyer who can interview witnesses, help gather evidence, and build up your case before it goes cold.

What Happens if You Miss the Deadline to File a Personal Injury Case in PA?

If your lawsuit is not filed within the appropriate statute of limitations, it will likely be dismissed by the court. Even in cases involving severe injuries, this can mean that you lose out on your chance to recover any compensation at all.

Exceptions to the Law that Can Affect Your PA Personal Injury Case

Certain events can “toll” the statute of limitations, or pause the clock in Pennsylvania.

Injuries that Do Not Appear Immediately

For instance, TBIs and some other severe injuries take time before symptoms manifest and can be accurately diagnosed. If the full extent of the harm done was not immediately apparent after a fall or car crash, you may be able to file within an extended window. This is known as the “discovery rule” in Pennsylvania.

Harm Done to Minors

The two-year window to file is extended in cases where the injured party was under 18 at the time. Minors have until they turn 20, two years after their 18th birthday, to file a personal injury lawsuit for harm done during their childhood and adolescence. This is to prevent an adult from deciding on their behalf that the harm done was not serious enough to qualify for a lawsuit.

However, parents should still consider speaking to an attorney well before their child’s 18th birthday if they intend to sue on their behalf.

Hit-and-Run Accidents

Pennsylvania law acknowledges that it may take additional time to identify the defendant in a hit-and-run case. For this reason, the statute of limitations can be tolled until the responsible party is identified by law enforcement.

Cases Where the Responsible Party Leaves Pennsylvania

If the defendant leaves the state, your claim may be tolled or paused until they return.

An important exception to flag is personal injury claims made against government entities. If your case involves a government body, like the Pennsylvania Department of Transportation, you must file sooner. A personal injury attorney must file your notice of intent to sue within the first six months after the accident, and not two years, to qualify for compensation.

Why It’s Important to Act Quickly on a Pennsylvania Personal Injury Claim

Evidence does not last forever. Memories fade, photos and videos are deleted, and eyewitnesses move or change their contact information. Having strong evidence that proves the other party’s negligence or malicious intent is crucial to a successful personal injury case.

The longer you wait to file, the more you risk the link between another party’s actions and your injury seeming shaky, or even non-existent. What is more, the other party may be able to claim that your injury was aggravated or caused by something that happened in the intervening gap.

If you fall or slip on your own, for example, or need to see a doctor for an infection or pulled muscle before you file, they may seize upon this second doctor’s visit as the true source of the harm done. This tactic, when successful, can reduce their liability as well as your claim for damages.

How a Lawyer Can Help You File Your Claim on Time

Our personal injury lawyers at PhillyLaw are experienced with protecting evidence, building a strong compensation claim, and meeting filing deadlines. We know not only the ins and outs of the Pennsylvania court system, but also what kinds of evidence are most disputed and how to preserve them effectively. Our staff of legal experts can protect you from issues that can undermine your case and ensure you file accurately and on time.

Contact the Personal Injury Lawyers at PhillyLaw Today to Get Started

Don’t wait to start your personal injury case. Contact PhillyLaw today to see how we may be able to help you after an accident or injury in Pennsylvania.