How Long to File a Personal Injury Claim in PA? Statute of Limitations Explained
If you’ve been injured in Pennsylvania, you’ll need to understand your rights to ensure you receive the most compensation possible. Most importantly, you’ll need to file quickly to avoid missing Pennsylvania’s statute of limitations for personal injury claims. If you miss this deadline, you won’t be able to seek any compensation, no matter how seriously you were injured.
The Statute of Limitations on Personal Injury Claims in Pennsylvania
The Pennsylvania bodily injury statute of limitations is covered under 42 Pa.C.S. § 5524. It applies to any injuries “caused by the wrongful act or neglect or… negligence of another.” This covers car accidents, slip and falls, medical malpractice, and most common personal injury cases. It sets a strict two (2) year deadline.
When Does the Statute of Limitations Start?
For most cases, the two-year clock starts ticking on the day the injury occurs. There is an exception for cases where the injury isn’t immediately apparent. This is called the ‘discovery rule‘ and covers situations where “the existence of the injury is not known to the complaining party and such knowledge cannot be reasonably ascertained within the prescribed statutory period.” Still, this exception is not easy to overcome so all efforts should be used to file suit within the two (2) year limitations period.
Extenuating Circumstances and Other Factors
There are several factors that may extend the deadline to file. One of the biggest is when the victim is a minor. In that case, 42 Pa.C.S. § 5533(b)(1) states that the two-year clock doesn’t start ticking until the victim turns 18. For example, a child injured at 13 can file until they turn 20.
The court will also consider cases where the injury was concealed from the victim fraudulently by the defendant. Cases to do not always age well so bringing a claim within two (2) years from the date of injury is the best practice.
A Concise Timeline for a Personal Injury Lawsuit
Most personal injury cases settle without the need for a trial. Many can even settle without filing a lawsuit. The Pennsylvania Supreme Court recently issued new requirements for cases to come to trial within two (2) years of the date the case is filed at the latest. This should help move cases through the court system faster and should lead to faster and more streamlined cases in the system.
How to Prepare for a Personal Injury Lawsuit Before and After Filing a Claim
To preserve your rights, act quickly when you’re injured. As soon as possible after the injury, complete the following steps:
- Seek immediate medical attention
- Take photographs of the incident scene and any visible injuries
- Report the incident and make a police report (when applicable)
- Obtain witness information
- Call Flager & Associates
Once your lawsuit is filed, the legal process typically involves:
- Discovery phase: Your lawyer will gather evidence, take depositions, and work with medical experts to build your case
- Settlement negotiations: Most cases are settled out of court during the negotiation phase
- Trial preparation: If the case goes to trial, your lawyer will prepare witnesses and evidence for court
- Ongoing medical documentation: Continue following your doctor’s orders and keep detailed records of your recovery
Get Trusted Legal Guidance Before the Clock Runs Out
To ensure your best chances of gaining compensation, contact Flager Law as soon as possible after the injury. They’ll be able to guide you through any intricacies your particular case might involve and ensure you file within the Pennsylvania personal injury statute of limitations.
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