How the Statute of Limitations effects Personal Injury Cases in Pennsylvania

Public policy dictates that an individual or business’s right to make a claim does not exist indefinitely. Instead, the Pennsylvania Legislature has set time limits on when various types of claims may be brought. The failure to initiate a claim within the designated time limits will disqualify the claim from ever being brought at all.

To initiate any legal action, there are a few requirements:

  • All actions must be brought in the appropriate court
  • All actions, civil or criminal, must be timely and in accordance with their coinciding Statute of Limitations

If an action is filed even a single day past the allotted time, it will be thrown out without a second thought for failure to comply with this stringent filing rule. Although these requirements seem strict, their purpose is to ensure that all relevant case-related facts are fresh in memory and readily available; evidence, video, available witnesses, event recounts.

In Pennsylvania, the general Statute of Limitations is two years. If the action being brought is resulting from an injury to an “unemancipated minor”, or one who is not self-supporting, the two-year statute of limitations does not begin until the child reaches eighteen.

Intentional or Negligent Conduct

Generally, a two-year statute applies to any action or proceeding aimed at recovering damages for injury to a person or property which is founded on the negligent or intentional conduct.

  • If someone fell on your premise and makes a claim for damages
  • If someone was injured in a motor vehicle accident
  • Death as the result of a wrongful act, negligent or unlawful violence, or negligence of another
  • If someone is injured by a defective product
  • Assault, battery, false imprisonment, false arrest, malicious abuse of process

It is essential to remember the issue of how much time there is to file a claim; you have two years from the date of an accident or injury to bring your case court in order to receive any medical assistance or compensation you may be entitled to based on your injuries. It is wise to consult an attorney in all matters of litigation, whether you are prosecuting or defending a claim to ensure all of your rights are protected.

How We Can Help

The attorneys at Kwartler Manus, LLC have been practicing personal injury law in Pennsylvania for a combined total of over forty years. We provide knowledge and expertise to assist you with protecting your rights in a wide variety of litigation cases. If you have questions regarding the statute of limitations as they apply to your particular situation, contact our office online or by phone at (267) 457-5570 to consult with one of our attorneys.

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