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

The general rule: two years

The statute of limitations for personal injury in Pennsylvania is generally two years. Section 5524 of the Judicial Code requires an action for injuries to a person, or for a death, caused by another's negligence or wrongful act to be filed within two years. That covers car, truck and motorcycle crashes, slip and fall injuries, dog bites and many other negligence claims.

The two years usually run from the date of the injury. "Filed" means a lawsuit actually filed in court, not a claim opened with an insurance company. Talking with an adjuster, even for months, doesn't stop the clock. Insurers know the deadline, and an unfiled claim loses its leverage once it passes.

Deadlines vary by claim type and can be much shorter, so talk to a lawyer before assuming you have time.

How long can you sue after a car accident in PA?

For injuries from a car accident, the general deadline is two years from the crash. The same rule applies whether you were a driver, a passenger, a pedestrian or a cyclist. Your own auto policy's first-party benefits and uninsured or underinsured motorist coverage are contract claims with their own terms and timing, so read the policy and ask about those separately.

If the crash involved a SEPTA bus or trolley, a municipal vehicle or a road defect on a government-owned street, a separate six-month notice rule applies. See the government section below.

The discovery rule

Some injuries aren't obvious right away. Pennsylvania courts apply a discovery rule that can delay the start of the two years until the injured person knew, or reasonably should have known, about the injury and its cause. It comes up often in medical cases, such as a misdiagnosis or a problem from surgery that shows up later.

The discovery rule is narrow. Courts ask what a reasonable person would have noticed, not what you actually knew, and they apply it case by case. Don't rely on it to rescue a late claim.

Injured children

When the injured person is an unemancipated minor, the period of minority isn't counted (42 Pa.C.S. § 5533(b)). In practice, a child's two years generally begin at age 18. Parents may also have their own claim for a child's medical bills, and that claim can run on a different clock, so don't wait just because the child has more time.

Medical malpractice claims involving minors have their own rules under the MCARE Act. Ask a lawyer about the specific dates.

Claims against the government, SEPTA and the City of Philadelphia: six-month notice

If a Commonwealth agency or a local government is responsible, including SEPTA, PennDOT, a township or the City of Philadelphia, you generally must give written notice of the claim within six months of the injury (42 Pa.C.S. § 5522). The notice has required content and must be served on the right office. Missing it can bar the claim unless you can show a reasonable excuse.

Government claims have further limits too: sovereign and governmental immunity allow suit only in listed situations, and damages are capped by statute. If a bus, trolley, city truck or public sidewalk or roadway was involved, call a lawyer within weeks, not months.

Medical malpractice deadlines

Medical malpractice claims generally follow the same two-year statute, with the discovery rule often playing a bigger role. The MCARE Act (40 P.S. § 1303.101 and following) also contains a seven-year statute of repose in § 1303.513(a). In 2019, however, the Pennsylvania Supreme Court held that seven-year provision unconstitutional in Yanakos v. UPMC. Other parts of § 1303.513 remain relevant, including a rule for claims brought after a death.

Malpractice cases also need a certificate of merit under Pa.R.C.P. 1042.3, filed with the complaint or within 60 days after it, and generally based on a written statement from an appropriate licensed professional. Getting that review takes time. Start early.

Wrongful death and survival claims

When someone dies from an injury, the family may bring a wrongful death action and the estate a survival action (42 Pa.C.S. §§ 8301 and 8302). A wrongful death action generally must be filed within two years of the death. A survival action can be tied to the date of the original injury instead, which may be earlier.

In medical malpractice cases, the MCARE Act says death and survival actions must be filed within two years after the death, absent affirmative misrepresentation or fraudulent concealment of the cause of death (40 P.S. § 1303.513(d)). Because the dates can differ, the safe assumption is the earliest possible one.

Workers' compensation deadlines

Work injuries follow a different system. You should report the injury to your employer right away: if notice isn't given within 21 days, benefits don't begin until notice is given, and if it isn't given within 120 days, the claim is generally barred (77 P.S. § 631). If the claim is denied, a claim petition generally must be filed within three years of the injury. A lawsuit against a third party who caused a work injury follows the two-year rule. Our PA workers' comp benefits guide has more.

Dates to write down now

A lawyer working out your deadline will ask for specific dates. Collecting them now saves time and avoids mistakes:

• The date and time of the accident or injury
• The date you first learned of the injury or its cause, if that was later, such as a diagnosis after surgery
• The injured person's date of birth, if they were under 18
• The date of death, in a fatal case
• The date you told your employer, for a work injury
• Any contact with a government agency, SEPTA or the City about the incident, with dates
• The dates of any letters from an insurer, especially denials

What happens if you miss the deadline

If a lawsuit is filed after the statute of limitations has run, the defendant can raise it as a defense and the court will usually dismiss the case, however strong it was. There is rarely a way to fix a missed deadline.

Even well inside two years, waiting has a cost. Video is overwritten, witnesses move and memories fade. A lawyer also needs time to investigate, gather records and identify every responsible party before filing.

Warren I. Siegel, Esq. has practiced in Pennsylvania since 1992 and can tell you which deadlines apply to your situation. There is no attorney fee unless we recover, and the firm advances case costs, which are repaid only from a recovery. Call (267) 412-4601 or send the free case review form.