Attorney Michael L. SailePennsylvania law gives you a limited amount of time to file a civil lawsuit after an injury. This filing deadline is referred to as the statute of limitations. If you miss it, you may lose your right to pursue damages.
Pennsylvania’s statute of limitations varies by case type. If you’ve been injured due to someone else’s negligence, Cordisco & Saile, LLC, can help you understand which deadline applies to your unique case and protect your right to fair compensation.
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- Personal Injury Statute of Limitations
- Car Accident Statute of Limitations
- Slip and Fall Statute of Limitations
- Brain Injury Statute of Limitations
- Medical Malpractice Statute of Limitations
- Wrongful Death Statute of Limitations
- Sexual Assault Statute of Limitations
- Workers’ Compensation Statute of Limitations
- Exceptions to the Statute of Limitations in Civil Cases in Pennsylvania
- Why Acting Quickly Matters in Pennsylvania Civil Cases
- Cordisco & Saile Can Help You File Your Claim Before It’s Too Late
Personal Injury Statute of Limitations
Most personal injury cases in Pennsylvania have a two-year statute of limitations. If someone else’s negligence or wrongdoing caused you harm, you may file a lawsuit within two years of the date you were injured. 42 Pa. Cons. Stat. § 5524 sets this filing deadline into law.
Car Accident Statute of Limitations
Pennsylvania’s two-year filing deadline applies to nearly all car accident claims. That means you have two years from the day of the crash to file a lawsuit. The car accident statute of limitations applies whether you were a driver, passenger, pedestrian, or cyclist.
In some cases, the filing period may be extended by the discovery rule—for example, if an investigation later reveals that a vehicle defect or the manufacturer’s negligence contributed to the crash. In those situations, the clock may start when you first knew or reasonably should have known about the defect. Our Pennsylvania car accident lawyers can help you understand if this may be a factor in your case.
Slip and Fall Statute of Limitations
Slip and fall cases follow the same two-year statute of limitations that applies to most personal injury claims in Pennsylvania. If you slipped and fell on someone else’s property because of a preventable hazard, you have two years from the date of the fall to file a lawsuit.
However, these cases sometimes qualify for extended deadlines when the dangerous condition that caused the injury wasn’t immediately apparent. For example, this may apply if you slipped on a freshly waxed floor but didn’t know it was waxed until a later inspection confirmed that the surface treatment caused the fall.
Brain Injury Statute of Limitations
The statute of limitations for most brain injury cases in Pennsylvania is two years. The two-year window typically starts on the day the head injury occurred.
Because brain injuries can be challenging to detect, some cases may follow a different timeline. The filing period may begin when the injury is diagnosed rather than when the initial accident happened. This may apply, for example, when imaging reveals damage that wasn’t obvious during your doctor’s initial medical evaluation.
Medical Malpractice Statute of Limitations
Unlike many other states, Pennsylvania doesn’t have a separate statute of limitations for medical malpractice claims. Instead, the commonwealth’s standard two-year personal injury filing deadline applies to these cases.
It often takes time to recognize that a medical error occurred, and the law accounts for that. If you suffered harm because a medical professional failed to provide the accepted standard of care, the discovery rule will determine how long you have to file a lawsuit. The filing window may start when you first learned—or reasonably should have learned—that medical negligence caused your injury.
Pennsylvania’s MCARE Act also includes a seven-year “statute of repose” for many medical malpractice claims, although the law in this area is nuanced and continues to evolve. Under 40 Pa. Cons. Stat. § 1303.513, you typically cannot file a civil claim for medical negligence more than seven years after the negligent act, regardless of when you discovered the harm. However, the seven-year limit does not apply to cases involving a foreign object that has been left inside the body, and if the patient was a minor at the time of the negligence, they may file a malpractice claim within seven years of the event or until their 20th birthday—whichever gives more time.
Wrongful Death Statute of Limitations
If you lost a loved one due to someone else’s negligence or intentional wrongdoing, Pennsylvania law gives you two years to file a wrongful death lawsuit. The two-year period begins on the date of death or the date you discovered the cause of death.
Sexual Assault Statute of Limitations
The statute of limitations in PA for sexual assault depends on the survivor’s age when the abuse occurred. These guidelines are established under 42 Pa. Cons. Stat. § 5533.
If the abuse happened when you were under 18, you may file a lawsuit until your 55th birthday. If the abuse occurred when you were between the ages of 18 and 23, the law allows you to file a lawsuit until your 30th birthday.
If you were 24 or older at the time of the assault, the commonwealth’s standard two-year personal injury deadline applies.
Workers’ Compensation Statute of Limitations
Workers’ compensation claims in Pennsylvania have different filing deadlines than standard personal injury cases. According to 77 P.S. § 631, you must report your work-related injury to your employer within 120 days. If you miss this deadline, the insurer can deny your claim and refuse to pay you benefits.
Pennsylvania also has a separate rule affecting wage-loss benefits. If you report your injury within 21 days, you may receive benefits dating back to the day you were hurt. If you report after 21 days but before 120 days, you can still receive benefits, but they only start from the date you gave notice.
If the insurer denies your claim, you must file a claim petition to pursue workers’ comp benefits. You have three years from the date of your injury to file this petition under 77 P.S. § 602.
Exceptions to the Statute of Limitations in Civil Cases in Pennsylvania
Pennsylvania recognizes several exceptions that may extend a filing deadline in a personal injury case, but these apply only in specific circumstances. The most common is the discovery rule, which suspends the statute of limitations when a victim cannot identify their injury or its cause immediately. Some cases also qualify for extended deadlines when the defendant concealed the cause of harm.
Another common exception applies when the injured person is a minor. In those cases, the statute of limitations doesn’t start running until their 18th birthday. For example, if you were injured in a car crash when you were 16, you may file a personal injury lawsuit until your 20th birthday.
Exceptions are rare and depend on the specific facts of each case. Only an experienced personal injury attorney can determine if an exception applies after evaluating your unique circumstances.
Why Acting Quickly Matters in Pennsylvania Civil Cases
In most civil injury cases, the statute of limitations “clock” starts ticking on the date of the injury. In situations where the injury or its cause wasn’t immediately apparent, the clock may begin on the date you learned or reasonably should have discovered the negligence.
Once you miss the deadline that applies to your case, you’ll lose your right to pursue compensation. The court will likely dismiss your case, and you’ll be left shouldering the financial burden of your injury alone.
Three or more years often sounds like plenty of time to take action. In reality, waiting until the deadline is near can make it harder to seek full and fair compensation. Important evidence can disappear quickly—surveillance footage may be overwritten, hazardous conditions or property damage may be repaired, and witnesses’ memories may fade. Medical records can also become harder to obtain the longer you wait.
Acting early puts our attorneys in the best position possible to build a strong case. When you reach out to us soon after your injury, we can preserve key evidence before it’s lost. It also gives us more time to investigate what happened and attempt to negotiate with the defendant before filing a lawsuit.
Cordisco & Saile Can Help You File Your Claim Before It’s Too Late
Recovering from an injury often brings a lot of stress, from doctor’s visits to pain management to financial strain. In the middle of all that, it’s easy for legal deadlines to slip by.
Our legal team is here to help take that pressure off your shoulders. We can review your case, determine how much time you have left to take legal action, and build a strong case before the deadline. We’ll also move quickly to preserve evidence and gather witness statements while they’re still accessible.
If you have questions about Pennsylvania’s statute of limitations by case type or need help filing your claim before your deadline passes, we’re ready to help. Contact us online or call 215-642-2335 for a free consultation with our award-winning team of personal injury lawyers and start protecting your right to fair compensation.
