Pennsylvania Statute of Limitations

Statute of Limitations and Minor Tolling Statutes for Medical Malpractice and Personal Injury in Pennsylvania

It's common to read of legal cases being settled years after the event, especially personal injury and medical malpractice cases. Maybe that's why many people believe these lawsuits can be filed at any time. That is simply not true. Though there are exceptions and these laws vary from state to state, in Pennsylvania, personal injury and medical malpractice suits must be filed within two years of the incident (but see Minor Tolling Statute). This is because access to the justice system is provided only to those who act promptly. In other words, wrongs and rights should be judged when evidence is fresh and at hand. That's why if you or someone you know suffers serious injury due to an accident, improper medical care or a product defect, it's important to seek counsel promptly - even if you think you've waited too long.

With few exceptions in Pennsylvania, adults must file personal injury law suits within two years of an accident. But where a child is the victim, the law extends the time for filing until the age of 18.

Often, because of a parent's sense of helplessness, or the hope a child's injury will improve, the parents make no claim, and later think they've waited too long. But since June 30, 1984, Pennsylvania law preserves the rights of children to make claims until their adulthood. The law even applies in some cases to injuries occurring before 1984.

So, where a two-year statute of limitations might otherwise apply, a claim involving children may be filed up to two years after they've reached eighteen. Though this law provides more time than before, it is still important to act early and consult a personal injury attorney in order to secure your child's rights.