What Is the Deadline to File a Personal Injury Lawsuit After an Accident in Pennsylvania?
Disclaimer: This content is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Pennsylvania, most personal injury claims must be filed within two years of the date the injury occurred. This rule appears in the Pennsylvania Consolidated Statutes, Title 42, Section 5524(2). For example, if you slipped on a wet floor in a grocery store on June 1, 2021, you generally have until June 1, 2023, to file a lawsuit against the store.
If you miss the two-year deadline, the court will almost always dismiss your case, and you will lose the right to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
Key Statute
42 Pa.C.S. § 5524(2): https://www.legis.state.pa.us/…/sec5524
Common Exceptions and Special Rules
- Minor Plaintiffs: If a minor is injured, the statute is tolled until the minor’s 18th birthday. That means the two-year clock begins on the day they turn 18.
- Mentally Incapacitated Plaintiffs: The time limit may pause if the injured person is legally incapacitated. It resumes when they regain capacity.
- Claims Against Government Entities: You often must file a notice of claim within six months of the accident under the Pennsylvania Tort Claims Act. After that, you have two years to file suit.
Because Pennsylvania does not apply a discovery rule to most negligence claims, you cannot delay the filing period based on a late diagnosis. You must file within two years of the accident date, even if you only discovered the harm later.
Helpful Hints
- Mark your calendar on the accident date. Know exactly when your statute of limitations ends.
- Keep detailed records of medical visits, bills, and treatment dates.
- Gather evidence early: photos, witness names, and incident reports.
- If you plan to sue a state or local government, file a notice of claim within six months.
- Consult an attorney well before the two-year limit to avoid last-minute filings.