Important note: The material below is not legal advice and is not to be relied on in the absence of advice by an attorney. Only your attorney can advise you as to the applicable statute of limitations in your case. Please consult with an attorney before making any decision as to the statute of limitations in your case.
Does Pennsylvania Have a Statute of Limitations?
Pennsylvania, like every other state, has a set of state laws that outline every type of legal claim’s statute of limitations. Pennsylvania courts use these statutes as a sort of clock that starts as soon as the action leading to the lawsuit occurs. These statutes are created to make sure cases are brought to the courts in a timely manner in order to make sure the details are fresh in everyone’s mind and important evidence has not been lost.
What Is the Statute of Limitations on Civil Suits in PA?
The statute of limitations in PA is typically two years for civil lawsuits.
What Is the Statute of Limitations for Personal Injury in Pennsylvania?
2 Years
The PA statute of limitations for personal injury cases states that cases have to be filed within two years of the date the injury occurred. According to the Pennsylvania statute of limitations for personal injury lawsuits, the following actions must be commenced within two years:
“(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”
“(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.” (42 Pa. Cons. Stat. Ann. § 5524)
Toxic Tort
2 Years
The two-year statute of limitations covers “any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.” (42 Pa. Cons. Stat. Ann. § 5524)
“The discovery rule … provides that where the complaining party is reasonably unaware that his or her injury has been caused by another party’s conduct, the discovery rule suspends, or tolls, the running of the statute of limitations.” (Gleason v. Borough of Moosic, 15 A.3d 479, 484 (Penn. 2011))
The commencement of the limitations period is grounded on “inquiry notice” that is tied to “actual or constructive knowledge of at least some form of significant harm and of a factual cause linked to another’s conduct, without the necessity of notice of the full extent of the injury, the fact of actual negligence, or precise cause.” (Wilson v. El-Daief, supra at 364)
Wrongful Death
2 Years
“The following actions and proceedings must be commenced within two years:
“(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.
“(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” (42 Pa. Cons. Stat. Ann. § 5524)
Medical Malpractice
2 Years
The Pennsylvania medical malpractice statute of limitations states that the following actions must be taken within two years:
“(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”
“(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.” (42 Pa. Cons. Stat. Ann. § 5524)
Malpractice (Other Professions)
The statute of limitations for other types of malpractice cases is two years.
Product Liability
2 Years
The following proceedings must be started within two years:
“(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”
“(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.” (42 Pa. Cons. Stat. Ann. § 5524)
Discovery
If the injured party could not ascertain that they were injured and by what cause within the limitations period, “despite the exercise of reasonable diligence,” then the discovery rule is appropriate. (Simon v. Wyeth Pharmaceuticals, Inc., 989 A.2d 356, 365 (Pa. 2009))
Fraud
2 Years
“The following actions and proceedings must be commenced within two years:”
“(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.” (42 Pa. Cons. Stat. Ann. § 5524(7))
Municipal Liability/Sovereign Immunity
Pennsylvania allows for sovereign immunity with nine specific exceptions. Damage awards in these cases are limited by law.
The Discovery Rule in Pennsylvania
Pennsylvania’s discovery rule delays the clock on the statute of limitations in most injury cases until the injured person discovers or should have discovered the injury.
Comparative Negligence
Comparative negligence applies to all legal actions seeking to recover damages for acts of negligence that result in death or injury to a person or property. Liability is joint and several in cases involving intentional torts or in those where the defendant is at least 60% liable for the injuries in question. Otherwise, liability is apportioned among all accused parties. (42 Pa. Cons. Stat. Ann. § 7102(a.1)(3)(iii)).
Charitable Immunity
Pennsylvania law does not provide for charitable immunity.
Legal Disabilities
In cases of a minor plaintiff, the statute of limitations in PA is extended by the period of minority (18th birthday). If the child is under 18 and emancipated, a statute of limitations of two years applies. The statute of limitations is not tolled due to insanity or imprisonment unless specified in a separate statute. (42 Pa. Cons. Stat. Ann. § 5533).
Punitive Damages
Punitive damages are allowed, but the wealth of the defendant is discoverable only by court order. (42 Pa. Cons. Stat. Ann. § 4003.7)
No-Fault Insurance
Pennsylvania adopted a hybrid version of no-fault insurance. It’s a “choice no-fault” state that allows residents the option of choosing fault or no-fault rules when they purchase their insurance.
Consumer Fraud Complaints
Victims of consumer fraud can direct complaints to the Bureau of Consumer Protection online or by calling (717) 787-3391 or 1-800-441-2555.
If you have questions about whether or not your lawsuit falls within the statute of limitations in Pennsylvania, the experienced attorneys at Parker Waichman LLP can help. Call for a free consultation today.