If you have been harmed due to someone else’s actions or misconduct, you may have a right to file a personal injury claim against them. However, the amount of time you have to file is based on state law. Pennsylvania has strict deadlines, known as the statute of limitations for filing personal injury lawsuits.
These time limits vary depending on the type of claim, and missing them can permanently bar accident victims from recovering compensation. Here is what you need to know about this important law and how to protect your legal rights.
What Is the Statute of Limitations?
The statute of limitations is a law that states when certain legal actions must be taken after a legal cause of action accrues. These rules can apply to criminal cases, as well as civil cases. For personal injury lawsuits, the statute of limitations dictates by when you must file your case.
Why Is the Statute of Limitations Important?
Complying with the statute of limitations is essential to preserve your right to financial compensation following an accident. If you don’t file your case within the applicable deadline, you can forfeit your right to recover compensation through the courts, potentially losing your chance to get money you need for medical bills, lost wages, and other damages.
Statutes of limitations exist to promote fairness in the court system. If cases are allowed to be filed well after the incident that gives rise to the legal claim accrues, evidence may not be as reliable. It can get lost, destroyed, or overwritten. Witnesses’ memories can fade, or witnesses can move out of the jurisdiction or die. By encouraging claimants to file cases promptly, cases can involve more credible evidence that judges and juries can rely on to make informed decisions.
They also provide certainty to the parties involved. Defendants will not have to wait indefinitely for criminal charges or a lawsuit to be filed against them.
General Personal Injury Time Limit
The statute of limitations in Pennsylvania for personal injury lawsuits is generally two years. In most cases, the two-year time limit begins from the date of the injury. However, there are some exceptions. Missing the applicable deadline usually means losing the right to recover compensation.
Different Deadlines for Different Types of Cases
Different case types have different filing deadlines. Here are some common types of personal injury cases and the general statute of limitations that apply to them:
- Personal injury: Most personal injury cases must be filed within two years from the date of injury unless an exception applies.
- Property damage claims: If there were no injuries, but there was property damage, you are still subject to the two-year statute of limitations.
- Medical malpractice: If a healthcare provider deviated from the standard of care and harmed you, you can file a medical malpractice case within two years from the date of injury. If you did not discover the injury until some time after it occurred, the deadline might not begin until you reasonably could have discovered it.
- Product liability: If a defective product injured you, you have two years to file your case from the date of injury or discovery.
- Wrongful death: Wrongful death cases must be filed within two years from the date of death, not the date of injury, if different.
- Workers’ compensation claims: You must file a workers’ compensation claim within three years of the injury.
- Claims against government entities: You must provide a notice of intent to sue within six months of the injury.
Failing to file your case within the statute of limitations that applies can result in losing your right to seek compensation. The best way to protect your rights is to consult an experienced attorney who can confirm the deadline that applies, based on your particular case type and circumstances.
Exceptions to the Statute of Limitations
Certain factors may arise that extend or shorten the deadline for filing a personal injury claim in Pennsylvania, including the following:
The Discovery Rule
In some personal injury cases, it is obvious that an injury was related to a particular event. For example, if you are rear-ended in a car accident and then start experiencing signs of whiplash, you (and others) may reasonably conclude that your injury was caused by the accident. But what happens if the accident happened because the other driver’s brakes didn’t work? Or, what if a doctor makes a mistake while conducting a medical procedure and you don’t find out about it until you receive a new medical treatment?
In these – as well as other – cases, the statute of limitations may be tolled or paused until the plaintiff discovered or reasonably should have discovered the injury and its source. This exception is known as the Discovery Rule and is often used to get around the typical timeline by reasoning that the plaintiff should not be punished by a strict deadline when they could not have reasonably known about the injury or the error. However, even in such cases, the plaintiff may be subject to a seven-year deadline as provided under a separate law, the statute of repose, which sets a maximum time limit on cases even when the discovery of the injury occurred after this point.
Minor Plaintiffs
Minors cannot legally file their own legal cases, so the statute of limitations is paused while a victim is a minor. The law gives them until their 20th birthday to file a lawsuit against the negligent party who harmed them. Alternatively, parents can step in and sue on the child’s behalf to seek compensation for the child’s ongoing and future needs, including medical expenses, therapies, special educational needs, money to make accommodations for a disability, and other financial needs.
Incapacitation
If the injury left the victim legally incapacitated, the statute of limitations may be tolled until the victim’s capacity is legally restored.
Medical Malpractice
In addition to the exception provided for under the Discovery Rule, medical malpractice patients may have an additional pathway to extend their legal right to file a claim if they received continuous treatment. In such situations, the statute of limitations may be tolled if they were under continuous care for the same condition so that the two-year time limit does not begin until the treatment ends.
Out of Jurisdiction
If the defendant fled or left the jurisdiction for four months or longer or hid in the state using a false name, the statute of limitations may be tolled.
Fraudulent Concealment
Another narrow exception to the two-year statute of limitations is fraudulent concealment. This legal argument says that a defendant shouldn’t be able to invoke the statute of limitations if, through fraud or concealment, the defendant got the plaintiff to relax their vigilance or deviate from investigating the underlying facts that led to their injury. For example, if a doctor made a medical mistake and constantly reassured the patient that their symptoms were normal, the statute of limitations may be tolled during this time of concealment.
In addition to the exceptions noted above, courts may sometimes allow cases to proceed even if they have missed the deadline if special circumstances exist. It is best to consult an experienced lawyer who can argue why your case should be heard or fits within one of these narrow exceptions.
Legal Claims Against Government Entities
While all of the exceptions above provide for a longer statute of limitations, situations may exist that shorten the applicable deadline to file a lawsuit, such as when a lawsuit is being filed against a government agency. Special rules apply when filing these types of claims, including the requirement to file a written notice of your intent to sue within six months of the injury. This notice must also meet specific requirements, such as listing:
- The victim’s name and address
- The date, time, and location of the accident
- Contact information for the victim’s treating physicians
The exceptions noted above are complex, and whether or not an exception applies may rely on the specific circumstances involved in the case. An experienced attorney can evaluate your specific situation and determine the applicable deadline.
Consequences of Missing the Deadline
The consequences of missing the applicable deadline can be catastrophic and irreparable. If you file a case after the statute of limitations has expired, the defendant can request that the court dismiss the case as untimely, and the court will usually do so without hearing the merits of your case. If your case is dismissed, you won’t be able to file another case either, so you will be left without a means of recovering compensation for your accident-related injuries and losses. Additionally, insurance companies know these deadlines, so you will also lose your negotiating power with them.
Why Acting Quickly Matters
Because missing the statute of limitations could result in your case being dismissed, you should take immediate action. This step can help protect your legal rights and increase your chance of achieving a fair outcome in your case.
Additionally, acting quickly after a personal injury can help preserve valuable evidence. Video footage can be overwritten or deleted within days. Witnesses can move out of the area. Trucking companies only have to maintain certain evidence for six months. By acting quickly, you give your lawyer the chance to:
- Investigate the accident
- Preserve valuable evidence
- Send spoliation of evidence letters, instructing parties not to dispose of certain evidence that may be relevant to your claim
- Interview witnesses and obtain statements that can help support your claim
Insurance companies are notorious for causing unnecessary delays in cases, often hoping to “run the clock” out so that you lose your right to pursue a claim. Your lawyer can prepare your legal claim, handle communications with the insurance company, and ensure that your case is being properly handled to protect your legal rights.
By acting early, your personal injury attorney will have more time to prepare a strong case on your behalf.
What to Do If Your Case Deadline Is Approaching
If the two-year deadline is quickly approaching your case, you must act quickly to preserve your legal rights. Here are some steps to take immediately:
- Consult a lawyer: A knowledgeable attorney can assess your case, identify the applicable deadline, and determine if any exceptions apply.
- Continue medical treatment: Your health is the top priority, so don’t start neglecting your medical care or missing appointments.
- Gather documentation: Collect accident reports, your medical records, photos of the accident scene, wage loss statements, and other evidence that can help support your claim.
- File a lawsuit: Filing a lawsuit helps ensure that the case is filed before the deadline expires. Settlement negotiations can still continue after this point, so you could later accept a settlement while preserving your rights now.
And, here are some things not to do if the deadline is approaching:
- Assume you can’t file the case: Exceptions could apply, or your personal injury lawyer may be able to take legal action on your behalf now to avoid losing your right to file your case.
- Rely on insurance adjusters: Insurance adjusters are trained at deceiving claimants and using stalling tactics to delay claims.
- Rely on an exception: Don’t assume that an exception applies unless you have consulted a knowledgeable personal injury attorney who says that it does.
- Ignore symptoms that worsen over time: Some injuries get worse over time. Pay attention to your body and report any new symptoms to your healthcare team. This can help document and address your medical issues.
- Wait until the last minute: Don’t wait too long to seek legal advice. A personal injury lawyer will need time to investigate your case and try to negotiate a settlement.
- Try to handle the case by yourself: Don’t try to handle a complex legal process on your own. A lawyer can help.
Contact an Experienced Personal Injury Lawyer to Protect Your Legal Rights
If you have been injured due to someone else’s negligence, you need to act quickly to protect your legal rights. Cousin Benny Personal Injury can help take action on your behalf. Contact us today for a free consultation.
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