When someone suffers injuries as a result of another party’s negligence, they may have grounds for a personal injury claim in Pennsylvania. However, there is a time limit for filing such claims, known as the statute of limitations. This article will explain the statute of limitations for personal injury cases in Pennsylvania, including what it means, how long it is, and what exceptions might apply.
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What Is The Statute Of Limitations?
The statute of limitations is a legal time limit that sets a deadline for filing a personal injury claim. Once this deadline has passed, the injured party loses their right to pursue compensation in court. The statute of limitations varies depending on the state and the type of claim, but the purpose is to encourage people to file cases promptly while evidence and witnesses are still available.
Statute Of Limitations For Personal Injury Cases In Pennsylvania
In Pennsylvania, the statute of limitations for most personal injury cases is two years. This means that an injured person must file their lawsuit within two years of the date of the accident or incident that caused their injuries. If they do not file within this time, they will not be able to sue for compensation, even if they have a strong case.
Exceptions to the Statute of Limitations
There are some exceptions to the two-year limitation period in Pennsylvania personal injury cases, including:
Minors
If the injured person is a minor at the time of the accident, Pennsylvania law provides an exception to the statute of limitations. Minors have two years from their 18th birthday to file their personal injury claim.
Discovery Rule
In some cases, the injured party might not realize they have been injured until after the two-year limitation period has expired. In such cases, the legal system allows a discovery rule exception to give the injured person more time to file their claim. With this exception, the statute of limitations does not start until the date the injured person discovered or reasonably should have discovered their injuries.
Tolling
In some cases, the statute of limitations can be "tolled." Tolling essentially means that the clock on the statute of limitations is paused for a period of time, such as when the injured person is mentally incapacitated or imprisoned.
Why Is The Statute Of Limitations Important?
The statute of limitations is critical in personal injury cases because it encourages injured parties to act promptly and file lawsuits in a timely manner. This is important for several reasons. First, it ensures that evidence is fresh and witnesses can recall the events accurately. Second, it helps prevent fraudulent claims by preventing people from making up injuries or incidents after an extended period. Finally, it ensures that the legal system can function efficiently by limiting the number of older cases that must be reviewed.
Conclusion
The statute of limitations is a crucial factor in personal injury cases in Pennsylvania. It sets a time limit for filing lawsuits and ensures that injured parties pursue their claims promptly. While there are exceptions to the statute of limitations, the general rule for personal injury cases is two years from the date of the accident or injury. Therefore, if you have been injured in an accident caused by someone else’s negligence, it is essential to act quickly and contact an experienced personal injury lawyer who can help you understand your rights and options.