What Is the Pennsylvania Statute of Limitations?

What Is the Pennsylvania Statute of Limitations?

In Pennsylvania, the statute of limitations for most personal injury cases is two years from the date you were injured. This includes claims for car accidents, slip and falls, and wrongful death. This law is found in the Pennsylvania statutes under 42 Pa.C.S. § 5524(2).

A statute of limitations is a law that sets a firm deadline for filing a lawsuit. If you miss this deadline, the courts will almost certainly dismiss your case, regardless of how strong your claim is.

However, this two-year clock is not always straightforward. There are important exceptions that may change the deadline, sometimes giving you more time. The key is understanding when the clock actually starts and what might cause it to pause.

If you have a question about the specifics of your injury and how these deadlines apply, call us at (267) 310-2948.

Key Takeaways for Pennsylvania’s Personal Injury Statute of Limitations

1. The two-year deadline is standard. Most personal injury claims, such as those from car accidents and slip and falls, must be filed within two years of the injury date.
2. The “Discovery Rule” may change the start date. The two-year clock does not begin until you know, or reasonably should have known, that you were injured and that someone else’s actions might be the cause.
3. Government claims have a shorter notice period. You must provide a formal notice of your claim to a government entity within six months of the injury, which is a strict prerequisite to filing a lawsuit.

The General Rule: How Long Do You Have to File a Personal Injury Lawsuit in Pennsylvania?

The default deadline for most personal injury claims in Pennsylvania is two years. This might seem like a long time, but the days after an injury are typically filled with doctor’s appointments, calls with insurance adjusters, and the hard work of recovery. That deadline approaches much faster than you think.

This two-year window applies to a wide range of situations, including:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Slip and Fall Incidents
• Dog Bites
• Defective Product Injuries
• Wrongful Death Claims

Why is this deadline so strict? The legal system is designed to resolve disputes while evidence is still fresh and memories are clear. As time passes, witnesses become hard to find, physical evidence may disappear, and people’s recollections of the event fade. Waiting too long makes building a strong case for compensation much more difficult.

The most direct way to protect your rights is to understand that this clock is ticking. This does not mean you need to rush into a lawsuit tomorrow—it just means you should begin the process of understanding your legal options well before the deadline is near, as soon as you can. 

When Does the Clock Actually Start Ticking? The Discovery Rule Explained

What if you were in an accident, felt fine, and only started experiencing serious pain months later? Or what if a doctor’s mistake was not apparent until another physician found it years down the road? Does the two-year clock still run from the date of the incident?

Not always.

Pennsylvania law recognizes that it is not always fair to start the clock before a person even knows they have been harmed. This is where the “discovery rule” comes into play.

This is a legal principle that delays the start of the statute of limitations until the date you knew (or reasonably should have known) that you were injured and that someone else’s actions may have caused that injury.

Think of it like a smoke detector. The fire (the injury) might have started smoldering long before the alarm goes off. The discovery rule says the clock does not start until the alarm sounds and you become aware of the danger.

Consider this example: a surgeon leaves a surgical sponge inside a patient. The patient experiences vague abdominal pain for years but does not know why. Three years later, an X-ray reveals the sponge. Under the discovery rule, the two-year clock would likely start from the date the X-ray was taken, not the date of the original surgery.

The Pennsylvania Supreme Court, in the case of Yanakos v. UPMC, struck down a law that tried to put a hard seven-year cap on discovering medical malpractice injuries. This decision reinforced that your right to file a claim begins when you reasonably could have known about the harm.

Are There Situations That Pause the Clock?

Sometimes, even after the clock starts, the law allows it to be paused. This legal concept is called “tolling.” Tolling temporarily stops the statute of limitations from running. When the specific situation that caused the pause ends, the clock resumes right where it left off.

Several situations may trigger tolling in Pennsylvania:

• The Injured Person is a Minor: The law protects children who cannot legally file a lawsuit on their own. If a person under 18 is injured, the two-year statute of limitations is paused. The clock does not start running until their 18th birthday, meaning they generally have until their 20th birthday to file a claim. This rule is outlined in 42 Pa.C.S. § 5533.
• The At-Fault Party Leaves Pennsylvania: If the person or company responsible for your injury leaves the state, making it impossible to serve them with legal papers, the statute of limitations may be tolled for the period they are absent.
• Fraudulent Concealment: If the person who injured you takes active steps to hide their wrongdoing or conceal the fact that you were injured, the clock may be paused. For example, if a company knowingly sells a defective product and then lies about the product’s safety to prevent customers from discovering the defect, the deadline to file might be extended.

Tolling is not automatic—it must be argued and proven in court. This requires a clear demonstration that one of these specific legal exceptions applies directly to your circumstances.

How Do the Deadlines Change for Different Types of Cases?

While the two-year rule is the most common, Pennsylvania law sets different deadlines for different types of legal actions. You must know which category your situation falls into, because a mistake has serious consequences.

Here is a breakdown of several key Pennsylvania deadlines:

• Personal Injury: Two Years. As we’ve discussed, this covers most accidents caused by negligence, including car crashes and slip and falls.
• Medical Malpractice: Two Years. This also falls under the general personal injury rule and is frequently subject to the Discovery Rule we mentioned earlier.
• Childhood Sexual Abuse: Recent legal reforms have significantly changed these deadlines. Survivors of childhood sexual abuse now file civil claims up until they turn 55 years old.
• Action Against a Government Entity: Six Months. This is an exception. If your injury was caused by a city, county, or state government entity (like tripping on a broken public sidewalk or being hit by a city bus) you must provide them with a formal written notice of your claim within just six months. Missing this first step prevents you from filing a lawsuit later.
• Breach of a Written Contract: Four Years. For disputes over a formal written agreement. This is governed by 42 Pa.C.S. § 5525.
• Fraud: Two Years. For claims involving intentional deception that resulted in financial or personal harm, as noted in 42 Pa.C.S. § 5524(7).
• Property Damage: Two Years. This applies to damage to your vehicle or other personal property from an accident.

These different timelines show why it is so helpful to have your case evaluated promptly. Misidentifying the type of claim you have could lead you to believe you have more time than you actually do.

What if the Government Is Involved? A Shorter, Stricter Deadline

Filing a claim against a government body in Pennsylvania involves a different set of rules. As mentioned above, the most pressing is the six-month notice requirement.

This is not a statute of limitations, but a prerequisite to filing a lawsuit. Under Pennsylvania law, you must give the correct government agency a formal “notice of intent to sue” within six months of the injury.

This notice must include specific details, such as:

• Your name and address.
• The date, time, and location of the incident.
• The name and address of any treating physicians.

Failing to provide this notice on time and to the correct agency completely bars your claim. Government bodies have very specific procedures for receiving these notices, and simple mistakes are costly. This requirement is one of the most common reasons that valid claims against government entities are dismissed before they ever get started.

Special Consideration When the Injured Person Is a Minor (Under 18)

As mentioned earlier, in Pennsylvania, when a person is under 18 at the time of injury, the two‑year statute of limitations does not begin until their 18th birthday. In practice, this means they often have until their 20th birthday to file a claim. But there’s more to it than that.

The practical timeline (like evidence and witnesses’ memories fading) still impacts your claim, so you may find it wise to begin a claim far before this deadline is ever in sight.

Who Files the Claim on Behalf of a Minor

Because a minor cannot file a lawsuit on their own, someone must act as their legal representative. That person is often a parent or guardian. In court proceedings, the judge may appoint a guardian ad litem to represent the child’s best interests.

The guardian ad litem’s job is to ensure that the child’s rights are protected. This includes reviewing settlement offers to confirm they’re fair, advising the court, and sometimes ensuring that any settlement funds are properly managed.

Court Approval of Settlements for Minors

Courts treat minor settlement agreements with extra scrutiny. Even if the parties reach a deal, the court usually must approve it before any money changes hands. The judge will assess whether:

• The settlement amount is fair and reasonable in light of the child’s injuries, ongoing care needs, future medical treatment, and life changes.
• Legal fees and costs are appropriate and do not unduly reduce the child’s net recovery.
• The settlement structure (lump sum, annuity, structured payment) is suitable to protect the child’s long-term interests.

Only after the court gives its approval can funds be disbursed. In many counties, the court may require that settlement funds be placed in a blocked or restricted account (such as a minor’s trust or guardianship account) until the child reaches adulthood.

Protecting Settlement Funds for the Child’s Future

Once the funds are approved, additional protections may apply:

• Blocked account or custodial trust: The money cannot be withdrawn without court permission or under strict rules, protecting the child from unwise spending.
• Structured settlement: Payments over time rather than one lump sum may ensure ongoing support, cover future medical care, and reduce the risk of early depletion.
• Court‑supervised use: If withdrawals or payments are needed before the child turns 18 (for medical care, education, therapy), the guardian must usually petition the court. The judge evaluates whether the expenditures serve the child’s best interests.

Why This Matters

If the procedural rules aren’t followed (e.g., if no guardian is appointed, if the court’s approval is skipped, or if funds are improperly released) the settlement might be voidable or the minor might lose future rights.

Because of these risks, it’s important to start early. Even when the child seems stable, gathering evidence, preserving medical records, and consulting an attorney sets the foundation not just for a claim, but for a settlement structured to protect a young life over years.

Frequently Asked Questions About Pennsylvania’s Statute of Limitations

Don’t Let Time Run Out on Your Right to Compensation

You’ve been hurt, and the last thing you need is to lose your chance for recovery because a legal deadline passed. 

Let our team take on the responsibility of tracking deadlines, gathering evidence, and handling the paperwork. Your job is to focus on getting better. We will handle the rest.

To make sure your rights are protected, the next step is a simple conversation. Call Leonard Hill – Personal Injury Lawyers And Car Accident Lawyers today for a straightforward evaluation of your case. We are here to help you understand your options. Call us at (267) 310-2948.

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