Pennsylvania Civil Statute of Limitations

Some people involved in a car accident 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.

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 expires, the court will dismiss your claim, and you'll lose your chance of pursuing damages.

Rather than have that happen, you should get to know the Pennsylvania statute of limitations 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.

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 right away.

Civil Statutes of Limitation

Every state has laws dictating how long you have to file a civil lawsuit. 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.

Pennsylvania is like other states in that it imposes a two-year statute of limitations period on personal injury cases, 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.

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 and that it's likely the result of your car crash.

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 period.

What Happens if You Miss the Filing Deadline?

If you don't file your legal action within the statute of limitations period, 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.

If the clerk does not dismiss your claim, the defendant will file a motion to dismiss. 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.

Exceptions From the Statute of Limitations in Pennsylvania

There are specific situations in which the court will extend the statute of limitations in Pennsylvania.

According to Pa. C.S. Tit. 42 § 5532, et. seq., the court may extend the statute of limitations under the following circumstances:

  • The plaintiff can't file their lawsuit — This could be due to the defendant leaving the state, assuming a false name, or otherwise concealing their location.
  • The plaintiff is a minor — The statute of limitations starts when the plaintiff turns 18.
  • The plaintiff doesn't discover their injury right away — Under the discovery rule, the statute of limitations period does not run until the plaintiff discovers their injury.
  • Other rare circumstances — The judge can use discretion in unique situations about whether they should toll the statutory period.

Civil Statutes of Limitations in Pennsylvania

If you plan on meeting with a personal injury lawyer for your case evaluation, you should brush up on Pennsylvania's civil statute of limitations laws. The chart below highlights the statute of limitations laws in Pennsylvania.

Personal injury

Two years (Pa. C.S. Tit. 42 § 5524(1))

Libel/slander

One year (Pa. C.S. Tit. 42 § 5523(1))

Fraud

Two years (Pa. C.S. Tit. 42 § 5524(7))

Personal property damage

Two years (Pa. C.S. Tit. 42 § 5524(3))

Professional malpractice

Two years (Pa. C.S. Tit. 42 § 5524(7))

Trespass

Two years (Pa. C.S. Tit. 42 § 5524(4))

Wrongful death

Two years (Pa. C.S. Tit. 42 § 5524(2))

False imprisonment

Two years (Pa. C.S. Tit. 42 § 5524(1))

Asbestos and mesothelioma claims

Two years from the date of diagnosis or when a person using reasonable diligence would have discovered exposure to asbestos (whichever comes first). (Pa. C.S. Tit. 42 § 5524(8))

Collection of rents

21 years (Pa. C.S. Tit. 42 § 5530(2))

Contracts
Debt collection (accounts)

Four years (Pa. C.S. Tit. 42 § 5525)

Judgments (real estate/real property/liens)

Four years (Pa. C.S. Tit. 42 § 5525(5))

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a personal injury attorney or conduct legal research to verify your state laws.

Contact an Experienced Pennsylvania Personal Injury Lawyer for Help

Pennsylvania's civil statutes of limitations vary depending on the nature of your claim. Whether it's a contract dispute, personal injury, or trespassing claim, time is of the essence. Filing your civil lawsuit before the time period expires is critical.

The best thing to do is contact an experienced Pennsylvania personal injury attorney for legal advice as soon as possible after your accident or injury. They'll let you know if you have a valid claim and ensure you file it on time.

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