What Is The Statute of Limitations for Filing a Personal Injury Claim in Pennsylvania?

Persons who suffer injury or damages caused by the negligence or action of another party may have the right to file a personal injury claim. In Pennsylvania, this right is restricted by a specific time limit called the "statute of limitations." A statute of limitations is a legal time frame within which a person must file a legal claim, or the right to sue will be lost. It is crucial to understand what the statute of limitations is and how it applies to your personal injury claim.

The Statute of Limitations for Personal Injury Claims in Pennsylvania

In Pennsylvania, the statute of limitations for personal injury claims is two years from the date of the injury. This means that an individual must file the legal claim within two years of the injury or harm caused by another party. However, there are some exceptions to this rule that affect the time frame in which to file a claim.

Exceptions to the Statute of Limitations for Personal Injury Claims in Pennsylvania

There are several exceptions to the standard two-year statute of limitations for personal injury claims in Pennsylvania. Some examples of such exceptions include:

  1. Discovery Rule: The discovery rule allows the statute of limitations to begin at the time the injury was discovered, rather than at the time of the accident or injury. This exception is often applied in cases where the injury or harm is not immediately apparent, like in medical malpractice cases.

  2. Minors: In Pennsylvania, minors under the age of 18 have two years from the date of their 18th birthday to file a personal injury claim.

  3. Mental or Physical Incapacity: A person who is mentally or physically incapacitated at the time of the injury has two years from the date of regaining capacity to file a personal injury claim.

  4. Government Claims: If the party responsible for the injury is a government entity, the statute of limitations is reduced to six months from the date of injury.

Why Is The Statute of Limitations Important?

The statute of limitations is important because it serves as a deadline for filing a legal claim. A personal injury victim must file a claim within the given time frame; otherwise, they may lose their right to sue the responsible party for damages.

Moreover, evidence and witnesses may vanish over time, making it harder to prove the injury or damage caused by the other party. Thus, it is crucial to act promptly to ensure the best chance for a successful legal claim.

Takeaway

If you or a loved one has suffered injury or damage due to another party’s negligence or wrongful actions, it is essential to understand the statute of limitations for filing a personal injury claim in Pennsylvania. At the same time, it’s important to note that exceptions to the statute of limitations can vary from case to case, so it’s best to consult with an experienced personal injury lawyer to determine how the statute of limitations applies to your situation.

By filing a claim within the statute of limitations, you may avail yourself of the maximum compensation and coverage available, which will help with medical bills, lost wages, and other important post-injury expenses. Failure to comply with the statute of limitations could mean losing the right to compensation for your injuries altogether.

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