Personal Injury Law: Statute of Limitations
Statute of Limitations Guide for Personal Injury
If you’ve been injured due to someone else’s negligence, time is one of the most important factors in protecting your legal rights. In Pennsylvania, personal injury claims are governed by strict deadlines known as statutes of limitations. Missing these deadlines can mean losing your right to compensation entirely—no matter how strong your case may be.
This guide explains what the statute of limitations is, how it applies to personal injury cases in Pennsylvania, and the key exceptions you should know.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit after an injury or legal claim arises. The purpose is to ensure cases are brought while the evidence is still fresh and to provide legal certainty for all parties involved.
Once the statute of limitations expires, courts will typically refuse to hear the case.
Pennsylvania’s Statute of Limitations for Personal Injury
In Pennsylvania, the statute of limitations for most personal injury claims is:
- Two (2) years from the date of the injury
Common Types of Personal Injury Cases:
- Car accidents
- Truck and motorcycle accidents
- Slip and fall injuries
- Medical malpractice
- Product liability
- Dog bites
- Wrongful death (with specific considerations)
The governing law can be found in 42 Pa. Cons. Stat. § 5524.
When Does the Clock Start Running?
In most cases, the two-year clock begins on the date the injury occurred. For example, if you were injured in a car accident on June 1, 2025, you would generally have until June 1, 2027, to file a lawsuit.
However, Pennsylvania law recognizes that some injuries are not immediately discoverable. That’s where exceptions come into play.
Important Exceptions to the Two-Year Rule
1. The Discovery Rule
Pennsylvania applies the discovery rule in cases where an injury or its cause is not immediately known. Under this rule, the statute of limitations may begin when the injured person knew or reasonably should have known about the injury and its connection to another party’s negligence. This exception is commonly applied in:
- Medical malpractice cases
- Toxic exposure claims
- Defective product cases
Courts apply the discovery rule narrowly, so it should not be assumed without legal guidance.
2. Minors (Injured Children)
If the injured person is under the age of 18, Pennsylvania law generally pauses (tolls) the statute of limitations until the child turns 18. This means:
- The two-year period usually begins on the child’s 18th birthday
- A lawsuit may be filed until the child turns 20
3. Claims Against Government Entities
If your injury involves a state or local government entity, special rules apply. In many cases, you must:
- Provide formal written notice of the claim within six months of the injury
- Comply with additional procedural requirements
Failure to follow these rules can bar your claim—even if the two-year statute of limitations has not expired.
4. Fraud or Concealment
If a defendant actively concealed their wrongdoing, the statute of limitations may be tolled until the injured party discovers—or reasonably should have discovered—the misconduct.
What Happens If You Miss a Deadline?
If you file your personal injury lawsuit after the statute of limitations has expired, the defendant can request that the case be dismissed. In most situations, courts will grant that request, permanently ending your ability to recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Future care needs
Why Acting Early Matters
Even though Pennsylvania allows up to two years to file most personal injury claims, waiting can seriously harm your case. Evidence can disappear, witnesses’ memories fade, and insurance companies may become more aggressive over time. Consulting with a personal injury attorney early helps ensure:
- Deadlines are met
- Evidence is preserved
- Your claim is properly evaluated and protected
Consult with a Trusted Personal Injury Attorney Today
Pennsylvania’s statute of limitations for personal injury cases is strict, and exceptions are limited. Understanding these deadlines is critical—but applying them correctly often requires legal experience.
If you or a loved one has been injured, it’s always best to speak with a qualified Pennsylvania personal injury attorney as soon as possible to understand your rights and options. That’s where the team at Watts & Pepicelli, P.C. comes in. Reach out to our law firm in Meadville, PA to schedule a consultation today.
