The Statute of Limitations on Personal Injury in Pennsylvania

Personal injury law is a complex area involving many intricacies, rules, and deadlines that a claimant must follow when pursuing a claim or lawsuit for compensation. One of the most prominent issues that can arise in a personal injury case is when a claimant has to take legal action against an insurance company or defendant.

The statute of limitations is a law unique to each state that guides how much time a personal injury victim has to initiate legal action, when the time begins to run, and any exceptions that may apply. A statute of limitations can have extensive ramifications on a case, particularly once the time has expired. If the statute of limitations runs out in a personal injury claim, the claimant may have no other recourse to pursue compensation for their losses in the case.

At HGSK Law Firm, we can advise you as to how the statute of limitations may apply in your case following an injury accident in Pennsylvania. Once we take on a case, we ensure we are aware of the statute of limitations and the timeline of your case to protect your rights.

Pennsylvania’s Statute of Limitations in Personal Injury Cases

According to Title 42 of the Pennsylvania statutes, an individual has two years to pursue an action related to losses arising from another party’s negligence or unlawful violence. It is important to note that the statute of limitations can vary depending on the state where an injury occurs. Although the general rule for the statute of limitations in personal injury cases is two years, there are some instances that reduce the number of years. It is best to speak with a lawyer on our team at HGSK Law Firm as soon as possible following an injury accident or when you discover your injury.

When Does the Statute of Limitations Timeline Begin?

Typically, in personal injury cases, the statute of limitations begins to run as of the date the accident causing the injury occurred. In most cases, the law considers the statute of limitations to expire within two years of the date of the personal injury accident. However, there are some circumstances in which the statute of limitations would not begin on the date of an accident. For example, if a victim is unaware of their injuries on the day of the accident, then the statute of limitations would begin to tick as of the date that the victim discovers the injury or should have discovered the injury based on the actions of a reasonable person.

Exceptions to the Personal Injury Statute of Limitations in Pennsylvania

In the majority of cases, the statute of limitations is a strict application to a case, and once the time expires, there is no renewal or extension of the time. Once the time expires, the claimant no longer has a basis for pursuing legal action against a party if they did not file a case within the timeframe. There are some limited situations where a case may fall under an exception to the Pennsylvania statute of limitations.

As noted above, the discovery rule is an exception that can extend the timeline of a statute of limitations when a victim fails to discover their injury until a later date. Additional exceptions include the rule about cases involving minors and the intentional concealment by a defendant in a claim.

In the rule pertaining to minors, most victims who are underage at the time of a personal injury accident will not have the statute of limitations begin to run until the date at which they turn eighteen years old. In the case of intentional concealment, a claimant would need to show that a defendant intentionally concealed evidence that prevented the victim from filing legal action within the two-year statute of limitations.

Contact us at HGSK Law Firm Today

The statute of limitations can be complex in certain personal injury cases. It is best to speak with a lawyer on our team at HGSK Law Firm as soon as possible following an injury accident or when you discover your injury. We can discuss your case, how the statute of limitations applies, and any exceptions you may qualify for based on the facts of your case.