{"id":375972,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-civil-statute-of-limitations-laws.html"},"modified":"2025-04-24T11:54:03","modified_gmt":"2025-04-24T16:54:03","slug":"pennsylvania-civil-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-civil-statute-of-limitations-laws.html","title":{"rendered":"Pennsylvania Civil Statute of Limitations Laws"},"content":{"rendered":"\n
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Pennsylvania Civil Statute of Limitations<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Some people involved in a car accident<\/a> or other personal injury accident call a local attorney within days of their injuries. Others wait, thinking they have all the time in the world to decide whether to sue. Under Pennsylvania law, you only have a specific amount of time to file your personal injury claim.<\/p>\r\n

Most people have no idea how long they have to file suit. But if you were hurt in an accident and believe someone else is responsible, you must take action immediately. If you don’t file your civil action before the statute of limitations period<\/a> expires, the court will dismiss your claim, and you’ll lose your chance of pursuing damages.<\/p>\r\n

Rather than have that happen, you should get to know the Pennsylvania statute of limitations<\/a> laws. This way, you can file your lawsuit on time and give your personal injury attorney ample time to prepare your case and try to negotiate a settlement.<\/p>\r\n

Here is a summary of the Pennsylvania civil statute of limitations laws. If you are thinking of filing a lawsuit, contact a Pennsylvania litigation attorney<\/a> right away.<\/p>\r\n

Civil Statutes of Limitation<\/b><\/h2>\r\n

Every state has laws dictating how long you have to file a civil lawsuit<\/a>. These time limits are statutes of limitations. The courts impose these limits to ensure that plaintiffs can’t threaten to sue would-be defendants indefinitely. These time limits also protect the integrity of evidence that juries rely on when deciding liability in civil cases.<\/p>\r\n

Pennsylvania is like other states in that it imposes a two-year statute of limitations period on personal injury cases<\/a>, claims of trespass, and fraud claims. As a general rule, the clock starts on the date of the injury. But Pennsylvania has something called the "discovery rule." This rule states that the clock will start when the plaintiff discovers their injury.<\/p>\r\n

For example, imagine that you’re in a car accident in Philadelphia. You think you’re OK until a few months later, when you start experiencing headaches and intense nausea. The emergency room doctor says you have a traumatic brain injury<\/a> and that it’s likely the result of your car crash.<\/p>\r\n

Your attorney will argue that you should have two years from your E.R. visit to file your personal injury lawsuit. As long as enough evidence shows that your injury results from the accident, the court will likely extend the statute of limitations<\/a> period.<\/p>\r\n

What Happens if You Miss the Filing Deadline?<\/b><\/h2>\r\n

If you don’t file your legal action within the statute of limitations period<\/a>, the court will dismiss your claim. When the court clerk realizes you missed the filing deadline, they will notify the judge, who will dismiss it.<\/p>\r\n

If the clerk does not dismiss your claim, the defendant will file a motion to dismiss<\/a>. If this happens, the judge will have no choice but to grant their motion. Once the court dismisses your claim, you will lose your right to sue for damages.<\/p>\r\n

Exceptions From the Statute of Limitations in Pennsylvania<\/b><\/h3>\r\n

There are specific situations in which the court will extend the statute of limitations in Pennsylvania.<\/p>\r\n

According to Pa. C.S. Tit. 42 \u00a7 5532, et. seq.<\/a>, the court may extend the statute of limitations under the following circumstances:<\/p>\r\n