If you were injured through someone’s negligence, you may have a valid personal injury case. And it is important to consult an experienced Philadelphia personal injury lawyer as soon as possible to start preparing your claim. The reason for this is the statute of limitations – a time limit you have to file a lawsuit in case your claim is denied.
Let us discuss how the statute of limitations operates in Pennsylvania and whether there are exceptions of the standard deadline.
What Is the Statute of Limitations in Pennsylvania and Why Does It Exist?
The statute of limitations for personal injury cases is two years in Pennsylvania. It starts running from the date of your accident. If you suffered an accident on March 3 2024, the last day when you can file a lawsuit is March 3, 2026.
This deadline exists for several reasons. First of all, it is not ethical to keep a defendant under the threat of filing a claim against them indefinitely. Secondly, as time passes, it is increasingly difficult for plaintiffs to prove their case.
Physical evidence gets destroyed or lost. Eyewitnesses’ memories fade. All you have left is your word – and that is not sufficient to win a case in court.
The Deadline Is Shorter If You Have a Case against a Government Authority
Let us imagine that you suffered a slip and fall accident inside the city hall business or the DMV office. In this situation, you will have to file a personal injury claim against a government authority.
This is a specific situation where standard deadlines do not apply. In general, you only have six months to send an official notification that you intend to file the insurance claim.
The Statute of Limitations for Wrongful Death Cases
Some of the most sensitive cases refer to situations when a person loses their life as a result of a personal injury accident. In this case, the bereaved family has the right to file a wrongful death claim against the negligent party.
Here, the statute of limitations is still two years, but it starts running from the date of the person’s death, which may occur some time after the accident. It is important to contact an experienced Philadelphia personal injury lawyer to explain your rights and the types of damages you may claim after this tragic loss.
Exceptions to the Statute of Limitations for Personal Injury Claims
Now, you may wonder: is there no way to get an extension for the statute of limitations? Must a single day make the difference between having and not having a case? In general, judges do not accept to make exceptions if there are not serious and valid reasons for this request.
The law recognizes two specific exceptions which you may invoke:
- The victim of the accident was a minor who was not emancipated on the date of the accident – the statute of limitations will be extended for two years after their 18 birthday
- The negligent party left the state of Pennsylvania for more than four months after the accident they caused and before the personal injury lawsuit can be filled
- The negligent party used a false identity to conceal their presence in Pennsylvania
In the last two situations, the statute of limitations will be extended by the period of time of the negligent party’s absence or concealment until they were identified.
Talk to a Philadelphia Personal Injury Lawyer as Soon as Possible after Your Accident!
One day makes the difference between getting compensation for damages in a personal injury case and getting no compensation. So do not wait until time is nearly running out.
Reach out to an experienced Philadelphia personal injury lawyer as soon as you are able to leave the hospital after your accident. This will give the attorney time to prepare and negotiate your claim. If the insurance company refuses to settle, you will still have sufficient time to file a lawsuit.
As a new client, you benefit from a free case review, so call us today at 267-314-8024!