One rule has the potential to kill your personal injury claim, regardless of how clear it is that the other party was at fault for the accident: the statute of limitations. Pennsylvania courts take these laws and the restrictions they impose seriously. Understanding this important rule and how it affects your personal injury claim is crucial to taking the prompt action necessary to protect your rights.
What Are Statutes of Limitations?
Statutes of limitations are time limits on taking legal action. They can apply to civil and criminal cases. If the applicable legal action is not taken within the time limit imposed by the statute of limitations, the moving party can lose their right to file the case later.
Statutes of limitations serve many crucial purposes, including the following:
- Encourages timely filing: Statutes of limitations help ensure that cases are brought when evidence is more reliable. Over time, witnesses can die, leave the jurisdiction, or forget critical details involved in the case. Electronic data can be lost, destroyed, or overwritten. Physical evidence may no longer be testable if it erodes over time. By imposing a strict deadline, cases must be filed more quickly, potentially avoiding issues with evidence becoming unreliable.
- Establishes certainty for defendants: These legal deadlines also prevent defendants from feeling that potential criminal charges or civil lawsuits are looming over them for years. Because of the strict deadline, defendants can rest assured the legal matter will not be filed decades later.
- Increases judicial efficiency: Imposing these deadlines helps reduce the number of cases that can be filed in court, since some cases cannot be filed after the applicable time limit.
What Happens If I Miss the Applicable Deadline?
If you miss the deadline, your case can be barred. You may try to file a lawsuit. The defendant will likely file a motion to dismiss the case because it is untimely filed. While you can ask the court to make an exception if you have a justifiable excuse, the court will more likely than not refuse to grant leave to allow you to file the case.
Additionally, once you lose the right to file a case in court, you lose leverage with insurance companies. They know that you can’t file a suit, so they have little reason to try to negotiate a fair settlement with you.
What Is the Statute of Limitations for Personal Injury Lawsuits in Pennsylvania?
In most situations, the statute of limitations for personal injury lawsuits in Pennsylvania is two years. Under 2 Pa.C.S. §5524(2), actions to “recover damage for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another” are subject to the standard two-year statute of limitations.
In most cases, the two-year clock starts ticking from the date of the accident or injury. However, exceptions may apply that “toll” or pause the filing deadline. Additionally, wrongful death cases run from the date of death, rather than the date of the accident. For example, if your loved one was initially injured in a car accident and died six months later, the wrongful death case would have to be filed within two years of the date of death.
Legal Claims Involving Minors
Special rules apply to litigants who are minors. 42 Pa.C.S. §5533(b)(1) explains that if a person who would otherwise be eligible to bring a civil action is “an unemancipated minor at the time the cause of action accrues,” the time limit to file their claim does not take into account the period of their minority. Therefore, they have until their 20th birthday to file a lawsuit.
The Discovery Rule
In some situations, the cause or existence of an injury is not immediately apparent. In these cases, the statute of limitations may be tolled until the point when a reasonably diligent person would have discovered the injury and its cause. This is known as the discovery rule, and it commonly applies in medical malpractice cases, though it can also apply in other types of personal injury cases. The jury typically determines when the discovery should have occurred.
Claims Against the Government
The rules regarding claims against the government are distinct from those involving private parties or corporations. One major difference is the notice requirement. Under 42 Pa.C.S. §5522(a), a notice to the government agency that a claimant believes is responsible for an injury must be provided in writing within six months from the date of injury or when the cause of action accrued.
The notice must contain the following specific information:
- The name and physical address of the at-fault party
- The name and physical address of the person injured
- The date and time of the accident
- The approximate location where the accident occurred
- The name and residence or office address of any attending physician
Additionally, if the action is against a Commonwealth agency, the claimant must also file a notice with the office of the Attorney General.
Claims against the government may arise due to injuries that occur on sidewalks, public buildings, or public lands or involve government agencies or employees, such as SEPTA-related accidents or motor vehicle accidents involving street sweepers, garbage trucks, or dump trucks.
If you don’t file the required notice according to Pennsylvania law, your case can be dismissed, and your claim can be “forever barred.” The Pennsylvania law that requires the notice includes an exception if the plaintiff can show a reasonable excuse. Other special rules that apply include the following:
- The injury victim was unable to provide the required notice due to incapacitation or disability. In this case, the accident victim has up to 90 days following the incapacity to file the required notice.
- The government entity involved in the case had actual or constructive notice of the incident or condition giving rise to the personal injury claim.
- The accident caused the victim’s death, so the time to file the required notice does not start to tick down until the death occurs.
The best way to determine the statute of limitations that applies to your case is to work with an experienced personal injury attorney.
Other Deadlines to Be Aware Of
In addition to the general rule and exceptions outlined above, other deadlines could apply to your case, such as:
- Statutory deadlines: The general statute of limitations does not apply when there is a special law that provides for a different deadline. For example, for cases alleging sexual abuse, the victim has until their 55th birthday to file a lawsuit if they were under the age of 18 when the abuse occurred. If they were between the ages of 18 and 23 when the abuse occurred, they have until their 30th birthday to file a lawsuit.
- Workers’ compensation claims: Injured workers must report workplace injuries within 120 days of the incident or diagnosis to preserve their right to recover workers’ compensation benefits.
- Insurance claims: The statute of limitations specifically deals with the filing of lawsuits. You may have much shorter timelines when filing insurance claims. An experienced attorney can review your insurance contract to determine your obligations.
Ways to Protect Yourself from the Statute of Limitations
The consequences of missing the statute of limitations are severe. You could completely lose your right to pursue compensation for the harm you’ve suffered. Here are a few ways to ensure that your legal rights are protected and you make a timely claim:
Report the Accident
If you were injured in a motor vehicle accident, call 911. Request an ambulance if anyone was injured. Remain at the scene of the accident and answer the law enforcement officer’s questions. Request a copy of the police report once it is finished, as the insurance company will likely request it.
If you were injured in another type of accident, still report it. This could be to the store manager or property owner. Ask for a copy of the report. Having this report can prevent the at-fault party from claiming that the accident didn’t occur.
Seek Medical Attention Promptly
Seek immediate medical attention, as the insurance company could try to use any delay in your treatment against you. If police respond to the scene and ask if you would like an ambulance, say that you would.
If you initially felt fine after the accident but then later started developing symptoms, seek medical care now. Be sure to describe your accident-related symptoms and their onset.
If you were injured at work, ask your employer for a reference to their workers’ compensation doctor. You must see this doctor for the first 90 days following your injuries, but you can choose your own doctor after that point.
Your personal injury lawyer might recommend that you reach Maximum Medical Improvement (MMI) before they file your claim, so the sooner you start getting medical treatment, the sooner you may reach this point.
Preserve Evidence
The accident scene may be cleared quickly, so you need to act fast to preserve evidence. Law enforcement officers may call crews to clear broken glass and damaged car parts to prevent secondary accidents or damage to other vehicles. Property owners may remove the conditions that injured you to prevent injuries to others.
The good news is that you likely have a tool at your disposal to preserve valuable evidence: your cell phone. You can use this to take pictures or videos of evidence such as:
- The damage to your vehicle and others
- Skid marks
- Broken car parts
- Dangerous conditions on the property
- Nearby signs or the lack thereof
- Your injuries
- The presence of video cameras that may have captured the accident
If any witnesses stopped at the scene of the accident, ask for their names and contact information. By preserving this evidence, you may be able to buy yourself some time so that you don’t have to immediately file a claim.
Notify the Insurance Company
Your insurance contract likely requires you to notify your own insurance company if you were involved in an accident, even if you weren’t at fault. You will also need to notify the at-fault party’s insurance company so that the claims process can begin.
But keep in mind that the statute of limitations applies to filing a lawsuit, so filing an insurance claim will not prevent this deadline from expiring. In fact, some insurance companies may intentionally stall in hopes that the statute of limitations expires.
Work with an Experienced Attorney
An experienced lawyer will be familiar with the applicable statute of limitations and can take action to protect your legal rights, including filing any necessary notices, communicating with the insurance company, and complying with the applicable statute of limitations.
File a Lawsuit
Once you file a timely lawsuit, the clock stops. Even after filing your lawsuit, your personal injury lawyer can continue to negotiate, which can prevent you from having to go to trial.
Contact an Experienced Personal Injury Lawyer for Help with Your Case
Knowing and understanding the applicable time limits for taking legal action after being injured due to someone else’s negligence is critical. These rules can bar your claim, even if you have strong evidence of wrongdoing.
An experienced personal injury attorney can review your case and explain the deadline that applies, based on your particular circumstances. At Cousin Benny Injury Lawyers, we’re damn good lawyers. Contact us today for a free consultation and learn more about how we can help.