How Long Do You Have to File a Personal Injury Lawsuit in Pennsylvania?
If you have ever had to file a personal injury claim, you most likely understand the frustration of the back and forth between insurance. Just when you think a claims adjuster has all the necessary information, another document is requested. Before you know it, several months may pass since the incident, with no sign of a settlement being reached. All the while, your medical bills are piling up, and your credit card balance continues to increase.
While negotiating with insurance can be a prolonged process, you only have two years to take your case to court in Pennsylvania. Although there are some exceptions to the rule, it is crucial that you know when to walk away if insurance negotiations have come to a standstill. If you are looking to streamline the process, look no further than th PA personal injury lawyers at HGSK Injury Lawyers.
What Personal Injury Cases Does the Two-Year Deadline Apply to in PA?
The Commonwealth has a two-year statute of limitations when it comes to personal injury cases. This limitation period applies to the following:
- Motor vehicle accidents, including car accidents, bicycle accidents, bus accidents, delivery truck accidents, and truck accidents
- Motorcycle accidents
- Medical malpractice
- Slip and falls
- Product liability
- Dog bites
- Rideshare accidents (including Lyft and Uber)
- Catastrophic injuries
- Wrongful death
Exceptions to the Statute of Limitations
Although the two-year limitation period applies in most cases, the law does make some exceptions:
If You Did Not Discover the Injury Until Later
The Commonwealth makes an exception if you did not discover the injury right away. This primarily applies in medical malpractice cases. For example, if a surgical instrument was left behind, you may not discover the injury until several weeks after your surgery. Under the discovery rule, the legal “clock” will not begin running until you discover or should have discovered the negligence. Another example may be long-term toxic exposure, since you will likely not begin to exhibit symptoms until your condition has progressed. Under 42 Pa.C.S. §5524 (8) (concerning asbestos exposure), a person has two years from the date of a medical diagnosis or when they should have reasonably discovered the source of their illness to file a claim. There can be some disagreement on when the statute of limitations begins running, with the court considering when the person started to show symptoms and how long it took for them to seek medical treatment.
If You Were Incapacitated Due to the Accident or Injury
If a person is incapacitated due to an accident, then the statute of limitations will not begin until the person regains capacity. To ensure that the person has regained mental capacity, the court will seek the services of a psychologist to evaluate the individual. Once the individual is declared competent, the two-year limitation period will begin.
If a Minor Was Injured
Minors do not have legal standing to take legal action. So, if the injured person was under the age of 18 at the time of the incident, the statute of limitations will not begin running until they turn 18 years old. However, a legal guardian is allowed to take a case to court on the minor’s behalf.
PA Personal Injury Attorneys Fighting for You
An injury or accident can place you in financial distress, threatening the financial security you have worked so hard for over the years. If you or a family member has recently been injured due to another person’s carelessness, our PA personal injury lawyers are eager to speak with you. To learn how we can be of service to you, contact HGSK Injury Lawyers online or by phone at (267) 551-8782 to arrange your free consultation.