Missing the statute of limitations could mean losing your right to sue
Pennsylvania’s statute of limitations sets strict deadlines for filing lawsuits. Missing these deadlines can result in losing your right to sue. The statute of limitations differs for personal injury claims, government lawsuits, and other legal actions.
In Pennsylvania, as in all states, you have a limited amount of time to file a civil lawsuit after an injury. This time limit is known as the statute of limitations.
Understanding the statute of limitations—specifically when the clock starts ticking and when it expires for your case—is crucial.
Why?
If you fail to file your lawsuit within the statute of limitations, it will be dismissed, and you won’t be able to receive any compensation.
With that in mind, let’s take a closer look at the statutes of limitation in Pennsylvania.
What is the point of the statute of limitations?
The statute of limitations might seem like an arbitrary or even harsh law, but it serves important purposes—both for the defendants and plaintiffs.
First and foremost, the statute of limitations protects defendants from being perpetually exposed to the threat of legal action, which could otherwise be used as a tool for coercion.
But the statute of limitations benefits plaintiffs as well by ensuring a fair legal process. These laws encourage the timely filing of claims, which helps preserve the integrity of evidence and the reliability of witness testimony, both of which can deteriorate over time.
What is the statute of limitations for personal injury claims in Pennsylvania?
The Pennsylvania statute of limitations most relevant to personal injury claims is found in Pennsylvania Statutes, Title 42, Section 5524.
For personal injury claims, the statute of limitations is two years from the date of the injury.
Below are other statutes of limitation that might also be relevant:
| Pennsylvania statute of limitations | ||
|---|---|---|
| Type of case | Statute of limitations | Pennsylvania statute |
| Injury to a person | Two years | Pa. C.S. Tit. 42 § 5524(1) |
| Libel/Slander | One year | Pa. C.S. Tit. 42 § 5523(1) |
| Fraud | Two years | Pa. C.S. Tit. 42 § 5524(7) |
| Injury to Personal Property | Two years | Pa. C.S. Tit. 42 § 5524(3) |
| Professional Malpractice | Two years | Pa. C.S. Tit. 42 § 5524(7) |
What if I’m suing the government?
Thinking about suing the government? Well, it’s kind of like trying to cut through red tape with a spoon—possible, but definitely not straightforward.
Plaintiffs might sue the government for all kinds of reasons, such as injuries caused by a government employee, damage to a vehicle due to a pothole on a public road, or even for violations of constitutional rights. Whether it’s a car accident involving a government vehicle or an injury on public property, you have the right to seek compensation.
However, suing the Pennsylvania government involves extra steps that aren’t required in a typical lawsuit. One key requirement is filing a notice of claim. This notice must be filed within six months of the incident, and it should include all the relevant details of your case, such as the date and location of the incident and the damages you’re claiming.
Given the complexities involved in suing the government, it’s advisable to consult with an experienced personal injury attorney before moving forward with your claim.
When does the clock start ticking?
Once you know the applicable time limit for filing your lawsuit, it’s important to understand when the clock starts ticking.
For personal injury lawsuits in Pennsylvania, the 2-year time limit generally begins on the date the injury occurs. However, if you’re unaware of the injury at the time it happens, Pennsylvania’s discovery rule can delay the start of the clock until the date you discover the injury (or should have reasonably discovered it).
Consider the following hypothetical:
You’re driving through the streets of Philadelphia on January 1, 2019, when another driver runs a red light and collides with your car. The impact is minor, and at the scene, you feel fine—just a bit shaken up. Your car has some dents, but nothing major, so you exchange information with the other driver and go on your way. Over the next few days, you notice some stiffness in your neck, but you chalk it up to stress.
However, on January 8, 2019, the pain in your neck becomes unbearable, so you visit your doctor. After an examination and some tests, your doctor informs you that you’ve sustained a whiplash injury from the car accident, and the symptoms were delayed. Now, you’re facing medical bills, missed work, and a lengthy recovery.
The question arises: When is the deadline for filing your personal injury lawsuit?
Under Pennsylvania law, the clock for the statute of limitations would normally start on the date of the injury, January 1, 2019, giving you until January 1, 2021, to file your lawsuit. However, because your injury wasn’t apparent until January 8, 2019, the discovery rule applies. This means the clock starts on January 8, 2019, the date you discovered (or should have reasonably discovered) your injury. As a result, you would have until January 8, 2021, to file your lawsuit.
There are a few other situations where the clock may be delayed in Pennsylvania:
- Claims involving children under the age of 18: When a minor is injured, the 2-year deadline for filing a personal injury lawsuit is delayed until the child turns 18. A similar rule applies to individuals deemed to be of “unsound mind.” For these individuals, the clock is delayed until they are declared competent.
- When the defendant is out of state: If the person who caused your injuries leaves Pennsylvania after the incident but before you can file suit, the period of their absence generally won’t be counted as part of the 2-year statute of limitations period. In other words, the clock is paused while they’re out of state.
Statute of limitations vs. statute of repose
While the statute of limitations and the statute of repose are both legal deadlines that limit the time to bring a lawsuit, they serve different purposes and apply in different contexts.
The statute of limitations sets a deadline for filing a lawsuit that begins when the injury or damage occurs, or when the injury is discovered or should have been discovered.
On the other hand, the statute of repose is a more rigid deadline that limits the time within which a lawsuit can be filed, regardless of when the injury is discovered. The clock on a statute of repose starts ticking from the date of the last culpable act or omission by the defendant, such as the completion of a construction project or the sale of a product. Unlike the statute of limitations, the statute of repose is not concerned with when an injury is discovered—it sets an absolute time limit after which no claims can be brought, even if the injury is not discovered until after the period has expired.
In Pennsylvania, statutes of repose only apply to certain types of cases, such as:
- Product liability: Pennsylvania has a 12-year statute of repose for claims involving defective products. This means that if a product causes harm more than 12 years after it was first sold, the manufacturer generally cannot be sued, regardless of when the injury occurred.
- Construction defects: Pennsylvania law imposes a 12-year statute of repose for construction-related claims. This time limit starts from the date the construction project was completed. After this period, any claims related to defects in the design or construction are barred, even if the defects are not discovered until much later.
What happens if I don’t file my lawsuit before the statute of limitations expires?
Failing to file your lawsuit before the statute of limitations expires can have severe consequences. If you file your lawsuit after the deadline has passed, the defendant will likely file a motion to dismiss your case. The court will then hold a hearing to determine whether your lawsuit was filed within the legal time frame.
If the court finds that you missed the statute of limitations, your lawsuit will generally be dismissed, and you may be permanently barred from pursuing any legal action based on the same incident. However, under certain extraordinary circumstances, limited exceptions may apply that could allow your case to move forward.
It’s important to remember that, as discussed in this article, determining exactly when the statute of limitations expires isn’t always straightforward. Therefore, it’s wise to consult with an experienced Pennsylvania personal injury attorney as soon as possible after your injury to ensure your rights are protected.
What damages are you entitled to in a Pennsylvania personal injury claim?
Learn about economic, non-economic, and punitive damages available in Pennsylvania personal injury cases, including tips for estimating the value of a claim.
See our guide Choosing a personal injury attorney.