One of the most important aspects of your personal injury case is how long ago the accident occurred and whether you still have time to take legal action. This is governed under the relevant statute of limitations. If you miss a filing deadline, this could be fatal to your case.
One of the most important aspects of your personal injury case is how long ago the accident occurred and whether you still have time to take legal action. This is governed under the relevant statute of limitations. If you miss a filing deadline, this could be fatal to your case.
If you are concerned about the filing deadline of your case, you should reach out to an experienced personal injury attorney. Contact Cousin Benny today to protect your legal rights.
What Are Statutes of Limitations?
Statutes of limitations are time limits to take certain legal action. They can apply to civil cases – like car accidents or contract cases – as well as criminal cases. They require the party to file a case in court within the dictated timeframe or risk forfeiting their right to do so.
Why Do Statutes of Limitations Exist?
Statutes of limitations encourage timely legal action when evidence is fresher and more reliable. As time goes on, witnesses’ memories can fade, witnesses can move or die, evidence can get lost or destroyed, and accident scenes can be cleaned up. Statutes of limitations ensure that cases are filed before these events occur, as well as provide finality in the legal process so that defendants do not feel a never-ending threat against them.
What Is the Statute of Limitations for Personal Injury Lawsuits in Pennsylvania?
Most personal injury lawsuits in Pennsylvania must be filed within two years, per 42 Pa. Cons. Stat. § 5524. In most cases, this statute of limitations begins on the date of the accident. Failing to file a personal injury lawsuit within this deadline can result in giving up your right to seek compensation.
Different Statutes of Limitations for Different Types of Cases
While many Pennsylvania personal injury lawsuits are subject to a two-year statute of limitations, different filing and notice requirements can apply depending on the type of claim. These include:
- Personal injury: Generally two years from the date of injury.
- Medical malpractice: Generally two years, although the discovery rule may delay when the limitations period begins if the patient could not reasonably have known of the injury and its cause.
- Product liability: Generally two years for a claim seeking damages for personal injury caused by a defective product, subject to rules that may affect when the claim accrues.
- Wrongful death: Generally two years from the date of death.
- Property damage claims: Generally two years from the date of the injury to the property.
- Workers’ compensation claims: Pennsylvania workers’ compensation claims have separate notice and filing requirements. An employee generally should notify the employer of a work injury within 21 days to preserve benefits from the date of injury, and notice generally must be provided within 120 days. If the claim is denied, a claim petition generally must be filed within three years of the injury.
- Claims against government entities: Certain claims against Pennsylvania government units require a written statement to be filed within six months of the injury or accrual of the claim. Separate deadlines also govern the filing of the lawsuit itself.
Exceptions and other rules can alter these deadlines, so the time limit that applies depends on the type of claim and the circumstances involved.
What Happens If I Miss the Statute of Limitations?
The reason why understanding the statute of limitations is so crucial is that the effects of missing it could be profound. If you don’t file a lawsuit within the applicable statute of limitations and you have not otherwise settled your case before this deadline applies, any subsequent case you file can be dismissed. The defendant can request that the court dismiss the case as being untimely, and the court will most likely respond in kind, regardless of how strong your case otherwise was.
This means that you could lose your right to financial recovery. You would also lose any leverage in settlement negotiations since the insurance company or defendant would know that you don’t have the power to sue them. Taking immediate action is critical to preserve your legal rights and avoid these dire consequences.
When Does the Statute of Limitations Begin?
For many Pennsylvania personal injury claims, the statute of limitations begins when the injury occurs. However, certain rules may delay when the limitations period begins or exclude a period of time from the calculation.
Examples include:
- Discovery rule: When an injury or its cause could not reasonably have been discovered when it occurred, the limitations period may not begin until the plaintiff knows, or through reasonable diligence should know, that they were injured and that another person’s conduct caused the injury.
- Claims involving unemancipated minors: If an unemancipated minor has a civil claim, Pennsylvania generally excludes the period of minority when calculating the limitations period. For a claim otherwise subject to a two-year deadline, this generally gives the injured person until age 20 to file after turning 18.
- Fraudulent concealment: The limitations period may be tolled when a defendant, through fraud or concealment, causes the plaintiff to relax their vigilance or fail to investigate their claim. Pennsylvania does not require intentional fraud in the strictest sense, but the plaintiff generally must show concealment and reasonable diligence in discovering the injury and its cause.
- Absence or concealment of the defendant: Pennsylvania law may exclude certain periods when a defendant is outside the Commonwealth for a qualifying period or resides in Pennsylvania under an unknown false name. However, this rule generally does not apply when jurisdiction over the defendant can still be obtained without personally serving them within Pennsylvania.
These rules are highly fact-dependent. A person should not assume that an exception extends the filing deadline without determining how Pennsylvania law applies to the claim.
When the Statute of Limitations Is Shorter
Some Pennsylvania personal injury claims involve notice requirements that arise well before the ordinary two-year filing deadline. One important example involves certain claims against Commonwealth or local government units.
Under 42 Pa.C.S. § 5522, a person pursuing a covered claim against a government unit generally must provide a signed written statement within six months after the injury or cause of action accrues. Depending on the government entity involved, the statement must include information such as:
- The name and residence address of the person whose claim arose
- The name and residence address of the injured person
- The date and time of the accident
- The approximate location of the accident
- The name and residence or office address of any attending physician
Failure to provide the required statement can affect the right to proceed with the claim. However, Pennsylvania law provides exceptions in some situations. A court must excuse noncompliance upon a showing of a reasonable excuse, and additional exceptions may apply to claims against local government units, including situations in which the government had actual or constructive notice of the incident or condition.
Separate statutes of limitations still govern when the lawsuit itself must be filed. Other deadlines may also apply to insurance claims or contractual rights, so the six-month government notice requirement should not be treated as the only deadline that may affect a case.
Calculating the Statute of Limitations
Follow these steps to accurately calculate the statute of limitations that applies in your case.
Begin with the Injury Date
For many Pennsylvania personal injury claims, the starting point is the date the injury occurred. A claim arising from an accident on August 10, 2026, would generally be subject to a two-year limitations period ending on August 10, 2028, unless another rule changes the deadline.
Account for Exceptions
Certain circumstances may delay when the limitations period begins or exclude time from the calculation. These may include the discovery rule, minority tolling for an unemancipated minor, fraudulent concealment, and other statutory or court-recognized rules.
Check How the Final Day Is Calculated
Pennsylvania rules governing the computation of time can affect the final filing date. For example, when an applicable deadline falls on a Saturday, Sunday, or legal holiday, the calculation may extend to the next qualifying day.
Speak to a Personal Injury Lawyer to Confirm
Because the filing date can depend on the type of claim, when it accrued, and any applicable exceptions, an attorney can determine the deadline that applies to the circumstances of your case.
How Statutes of Limitations Affect Settlement Negotiations
Statutes of limitations can affect settlement negotiations because discussions with an insurance company generally do not, by themselves, extend the deadline for filing a lawsuit. You should not assume that ongoing negotiations protect your right to take legal action.
As the filing deadline approaches, your attorney may need to decide whether to file a lawsuit while settlement discussions continue. Filing suit can preserve the claim while allowing negotiations to proceed, although the case will then be subject to court procedures and litigation deadlines.
Insurance adjusters know that claimants face filing deadlines, but it is not accurate to assume that delays in every case are intended to make someone miss the statute of limitations. The safer approach is to track the applicable deadline independently of settlement negotiations and take any necessary legal action before it expires.
A personal injury attorney can evaluate the status of negotiations and determine whether filing suit is appropriate to preserve your claim.
Mistakes That Often Cause Personal Injury Victims to Miss the Statute of Limitations
It is essential for personal injury victims to protect their legal right to compensation, and filing their case within the applicable time limit is one way that they can do this. However, they may still make mistakes that lead to missing this deadline and facing fatal effects to their personal injury claims, such as:
Waiting to Hire a Lawyer
Some accident victims may wait until just before the deadline (or sometimes after the deadline) before consulting a lawyer. Personal injury lawyers might not accept cases in which the deadline is fast approaching. Without a lawyer, you might not be able to file a personal injury lawsuit before the statute of limitations expires.
Ignoring Symptoms That Worsen Over Time
In cases in which the discovery rule may apply, accident victims may ignore symptoms or fail to seek medical treatment until their symptoms get much worse. In such situations, the applicable time limit may be from when the victim reasonably should have discovered the injuries, not when they actually sought treatment.
Relying on Exceptions
Accident victims might rely on exceptions, such as the discovery rule or fraudulent concealment. However, courts construe these exceptions narrowly. If the exception does not apply or modifies the statute of limitations in a way that the victim did not anticipate, misinterpreting the exception can result in a missed deadline.
Relying on Insurance Negotiations
Some accident victims may continue settlement negotiations while the statute of limitations approaches. However, ongoing discussions with an insurance company generally do not extend the deadline for filing a Pennsylvania personal injury lawsuit.
Do not assume that an insurer’s investigation, settlement offer, or continued communication means you can safely allow the filing deadline to pass. If the statute of limitations is approaching, an attorney can determine what action is necessary to preserve your right to pursue the claim in court.
What Should I Do If I Am Close to the Statute of Limitations Deadline?
If the statute of limitations’ deadline is close to expiring in your case, take these steps to protect your legal rights:
Contact a Personal Injury Lawyer
Call a personal injury lawyer who understands Pennsylvania’s statute of limitations rules. Cousin Benny Personal Injury offers free consultations, so you have nothing to lose by contacting us to learn the deadline that applies in your case. The sooner you contact a lawyer, the better positioned they will be to achieve a favorable outcome in your case, so don’t delay.
Gather Evidence
Before your initial consultation, gather all relevant evidence in your case, including:
- Accident reports
- Medical records
- Communications from the insurance company
- Witness statements
- Photos of the accident scene
- Video footage, such as from your dashcam
Organize this information before your meeting so that you can give it to your lawyer right away.
File a Lawsuit Promptly
If the statute of limitations is approaching, your attorney may need to file a lawsuit to preserve your claim. Filing suit does not necessarily mean that your case will go to trial, since settlement negotiations can continue after litigation begins.
In Pennsylvania, however, filing a complaint or writ of summons before the deadline is only part of preserving the action. The plaintiff must also make a good-faith effort to provide timely notice to the defendant through proper service of process. A failure to pursue service diligently can result in the action being dismissed even when the initial filing occurred before the statute of limitations expired.
Note: Filing a lawsuit may also change the posture of settlement negotiations by placing the claim within the court system and triggering litigation deadlines and procedures.
How a Personal Injury Lawyer Can Help If the Statute of Limitations Is Nearing
An experienced personal injury attorney can take immediate action to protect your legal rights, including:
- Reviewing your legal rights and explaining the statute of limitations that applies during your free, no-obligation consultation
- Assessing your case and filing deadline
- Conducting an independent investigation
- Preserving evidence before it is lost or destroyed
- Sending spoliation of evidence letters to further preserve evidence
- Contacting the insurance company to determine the viability of settling your case
- Filing a lawsuit before the deadline expires
Contact our personal injury law firm today to protect your legal rights.
Contact an Experienced Personal Injury Attorney for Help with Your Legal Claim
The best way to protect your legal rights if the deadline in your case is approaching is to contact a knowledgeable personal injury attorney in Philadelphia. Cousin Benny Personal Injury has extensive experience handling personal injury cases and is knowledgeable about the various exceptions that can apply. Contact us today for a free, no-obligation consultation to discuss your legal options.