What You Need to Know About Pennsylvania Personal Injury Statute of Limitations
Pennsylvania requires that individuals file a personal injury lawsuit within two years of the accident. Here’s everything you need to know about Pennsylvania’s personal injury statute of limitations.
Individuals have two years to file a claim based on Pennsylvania’s personal injury statute of limitations or courts will dismiss their claim. If the individual wishes to file a claim against the government, their timeline to file a claim is six months. There are a few exceptions for the statute of limitations, including being a minor at the time of the accident or if the defendant leaves the state for more than four months after the accident.
Statute of Limitations
Individuals have two years to file a personal injury action to receive compensation for their injuries or for the wrongful death of their loved one. The statute applies to most types of personal injury claims, including negligence or actions based on intentional conduct to injure an individual. The timeline begins from the day of the accident up until the two year mark.
Related: Pennsylvania Personal Injury FAQs
Individuals who fail to file a claim during this time period will have their lawsuit dismissed. In this case, the victim will lose their right to any compensation, no matter how significant the costs are for the victim.
Personal Injury Lawsuits Against the Government
Individuals wanting to pursue a personal injury lawsuit against the government have a different timeline than those suing individuals or entities for damages. In cases where individuals file claims against the government, individuals must file the claim within six months of the accident. If the individual fails to file a claim within this time, courts will dismiss the claims.
Related: Bodily Injury vs Personal Injury: The Difference
Exceptions to the Statute of Limitations
There are exceptions superseding the two year personal injury statute of limitations. One, if the victim who is filing the claim is a minor and was not legally emancipated at the time of the accident, then the two year statute does not apply to the minor. Instead, the victim’s two years will begin once they turn 18 years old. Second, if the defendant is outside the state of Pennsylvania for more than four months following the accident and before the victim files the claim, the time in which the defendant is gone will not count within the two year statute of limitations.
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If you or a loved one would like to learn more about Pennsylvania Personal Injury Statute of Limitations, get your free consultation with one of our Personal Injury Attorneys in Pennsylvania today!