Pennsylvania Personal Injury Statute of Limitations: How Long Do You Have to File?

Many Pennsylvania personal injury actions are subject to a two-year statute of limitations. Under 42 Pa.C.S. § 5524, the two-year period applies to several categories of actions involving injury to the person or property. But identifying the correct deadline requires more than simply counting two years from an accident.

When does the two-year period begin?

In a straightforward accident claim, the limitations period often begins when the injury occurs. Other circumstances can raise questions about when a claim accrued or whether a recognized rule affects the calculation. Because those issues are fact-sensitive, an injured person should not assume that an exception will extend the deadline.

What happens if the statute of limitations expires?

If a lawsuit is not commenced within the applicable limitations period, the defendant may assert the statute of limitations as a defense and the claim can be barred. Negotiating with an insurer does not, by itself, mean that the filing deadline has been protected.

Are all Pennsylvania injury deadlines two years?

No. Different claims, parties and procedural rules can create different deadlines or additional notice requirements. Claims involving governmental entities, minors, wrongful death, medical treatment, out-of-state events or other unusual circumstances require separate analysis. Contractual or insurance-related claims can also involve different limitation periods.

Does an insurance claim preserve the lawsuit?

Ordinarily, opening a claim with an insurance company or exchanging settlement demands is not the same as commencing a civil action. A claimant should know the applicable court deadline even while settlement discussions are ongoing. A carrier’s continued negotiation should not be treated as a substitute for protecting the claim in court.

How is a Pennsylvania civil action commenced?

Under Pennsylvania Rule of Civil Procedure 1007, an action may generally be commenced by filing a praecipe for a writ of summons or by filing a complaint. Which procedure is appropriate is a litigation decision, but the important point for an injured person is that informal communications with an insurer are different from formally commencing the lawsuit.

What about claims against government entities?

Claims involving the Commonwealth, a municipality or another governmental entity deserve immediate attention because separate statutory notice provisions may apply in addition to the limitations period. For example, 42 Pa.C.S. § 5522 contains a six-month notice provision for certain actions against government units, subject to the statute’s terms and exceptions. A claimant should not wait two years to investigate whether such a notice requirement applies.

What about minors?

Pennsylvania law contains tolling provisions that can affect limitations periods for unemancipated minors. That does not mean every claim involving a child can safely be deferred. Evidence, insurance issues, derivative claims belonging to a parent, and the particular cause of action still require timely analysis.

Why should the deadline be evaluated early?

Waiting until the end of the limitations period can create avoidable problems. Counsel may need time to identify every potentially responsible defendant, obtain medical and incident records, investigate insurance coverage, preserve photographs or video, locate witnesses, retain experts and determine the correct forum and causes of action. Some evidence can disappear long before the statute of limitations expires.

A simple example

If an adult is injured in an ordinary Pennsylvania motor-vehicle collision and no special accrual or tolling rule applies, the starting assumption is generally a two-year limitations period under 42 Pa.C.S. § 5524. But that example should not be used to calculate the deadline in a different type of case. The identity of the defendant, the nature of the injury and claim, and other facts can change the analysis.

Frequently Asked Questions About Pennsylvania Injury Deadlines

Does sending a demand letter stop the two-year clock?

Ordinarily, no. A demand letter or settlement negotiation is not the same as commencing the civil action. The filing deadline should be protected independently of negotiations.

What if the responsible defendant is not identified immediately?

That can create a serious investigation problem because the limitations period does not necessarily wait for a claimant to identify every responsible party. Early investigation can be important when ownership, employment relationships, contractors or multiple potentially responsible entities are involved.

Should someone wait until medical treatment is finished before contacting counsel?

No. The extent of an injury may take time to develop, but the legal deadline and evidence-preservation issues continue while treatment is ongoing. Evaluating the deadline early does not require prematurely resolving the claim.

Related Pennsylvania Personal Injury Resources

• How to Properly Handle a Personal Injury Claim
• How to Protect the Value of a Personal Injury Claim
• Pennsylvania Full Tort and Limited Tort Auto Insurance

Talk with a Pennsylvania personal injury attorney

ZwickLaw represents clients in Pennsylvania personal injury matters. Learn more about Matt Zwick or contact ZwickLaw to discuss an injury claim and applicable deadlines.

This article provides general information and is not legal advice. Limitation periods can depend on the claim, parties, accrual rules and other facts. Do not rely on this article to calculate a filing deadline.