The Statute of Limitations | Personal Injury Lawsuits

Under the laws of Pennsylvania, when you have been hurt because of the carelessness of negligence of another person, there’s a limited amount of in which you can file a lawsuit to recover for personal injury and/or property losses. The statute that sets forth this time limit is known as the statute of limitations. The statute can be extended, but only in extremely limited situations, so it’s important that you take swift action to retain legal counsel, so that your attorney can gather, assess and preserve evidence, and can file your claim before the expiration of the statute.

In Pennsylvania, the statute of limitations for filing a personal injury action is two years. As a general rule, the statute begins to run on the date of your injury. However, if you were involved in an accident, but did not know at the time that you had suffered any injury, or did not know that a specific defendant’s actions caused an injury, the running of the statute will be “tolled,” or suspended until your discovery of the injury and/or the fact that a certain defendant caused the injury. It’s not uncommon, in cases involving toxic torts or other unseen dangers, that injury or illness not manifest until years or decades after exposure. In those types of situations, a court may be inclined to toll the statute until the discovery of either the injury or its cause.

There are other instances where the statute of limitations may be tolled:

  • If the injured party lacks legal capacity—is a minor, mentally ill or insane—the statute may be tolled until the party has capacity, although it’s not required
  • If a defendant has left the jurisdiction, you may be able to suspend the statute of limitations until his or her return

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To schedule a private meeting with an experienced personal injury attorney, call our foreclosure hotline at 855-289-1660 or e-mail us . Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.