During an initial consultation with a prospective client, one of the first questions I ask is, When did you first realize you were injured?
It’s a meaningful question. First, I am genuinely concerned for your welfare. No one should have to suffer because of someone else’s negligence. But in terms of a potential legal case, the day you realized the extent of your injury is significant because it is the start date for your statute of limitations.
In this post, we’ll take a closer look at Pennsylvania’s statute of limitation law as it pertains to personal injury cases.
What Does Statute of Limitation Mean in a Personal Injury Case?
It is a law that sets a time limit on filing a lawsuit by the injured party. If you fail to file suit in court within a set time after the incident or injury, you will be prevented from recovering compensation.
What is Pennsylvania’s Statute of Limitation for Personal Injury Cases?
2 years according to 42 Pa. Con. Stat. Sec. 5524.
When Does the Time Start to Count Down?
In most auto accident and slip and fall cases, the statute of limitations begins on the day of the accident. This is because the injuries are usually apparent.
However, the fine point of this question is the time limit doesn’t become set until the injured party discovered he or she is injured. This is called the discovery of injury date.
This issue won’t likely arise in auto accidents or slip and fall cases but it does often come up in medical malpractice where an injury may take days, months, or maybe even years to be revealed. As long as the delay is reasonable meaning the injured party didn’t refuse medical treatment and had no reason to get medical treatment until the injury was discovered the statute of limitations does not begin to count down until the discovery date.
Notification of Governmental Agencies
Under the PA Torts Claims Act, you must notify in writing any responsible governmental entity within six months of your injury. Failure to notify the governmental agency in the six-month time frame will prevent you from recovering damages from that agency, even though you still have two years to bring your claim against other parties.
The Statute of Limitations is Different for Minors
Unlike the two-year limit for adults, Pennsylvania’s statute allows a minor to bring suit anytime until he or she turns 18. Here’s an example:
A 30-year-old mom is stopped at a red light with her 10-year-old daughter in the backseat. Her car gets rear-ended by a negligent driver. In this scenario, the mom would only have 2 years from the injury discovery date to file suit, whereas the daughter would have until her 18th birthday.
Note: The six-month governmental notification provisions still apply in a lawsuit brought by a minor.
For More Information
The statute of limitations is just one of the complex aspects involved in a personal injury case. If you’ve been injured in the Philadelphia area by the negligence of another party, my best recommendation is to contact me for a free case evaluation. We can sort through the events together and figure out the best way for you to recover all the compensation you deserve after your accident.
Our promise is to deliver outstanding customer service and our motto is: More Service than You Would Expect.
Joe Mitchell: Harvard Educated, Street Smart. Philadelphia Accident Attorney
