When you get hurt in an accident that was not your fault, you might wonder how long you have to take legal action. In most states, including Pennsylvania, there’s something called the “statute of limitations.” This law dictates a strict deadline for settling or filing a personal injury lawsuit against the person who caused the injury. If you miss this deadline, you could lose your chance to bring a claim or to be compensated for your losses.
What Is the Statute of Limitations?
Pennsylvania’s statute of limitations for personal injury cases allows a two-year window to settle your claim or to file a lawsuit against the responsible party. This means that from the date of your injury, you have two years to either settle your claim or file suit against the person or company responsible for your injuries. Once those two years are up, it’s usually too late to take legal action. It is also important to know that claims against government entities require that written notice be given to them within six months.
Why Does This Time Limit Exist?
Statutes of limitations exist for a couple of reasons. First, knowing that there’s a limited amount of time during which they might be the subject of a lawsuit allows people to get on with their lives without fear of an unexpected lawsuit at any time. Another reason is that evidence can deteriorate, be lost, or fade over time. Witnesses might forget important details about an accident, physical evidence might get lost, and it becomes harder to prove what happened. The statute of limitations helps ensure that cases are handled when the facts are still fresh and evidence is still available.
What Happens If You Miss the Deadline?
If you file a lawsuit after the statutory deadline passes, the court will most likely dismiss your case. This means you will be unable to pursue a claim for compensation in court for the losses you had following your accident.
Exceptions to the Statute of Limitations
There are some cases where the statutory period might be extended. For example, if the person injured is a minor (under 18), the clock doesn’t start ticking until they turn 18. Another example might be in a case where you did not discover your injury right away, such as in a medical malpractice case. In these instances, the time limit might start from the date you “discovered” your injury. These exceptions are complicated, so it is critically important to talk to a personal injury lawyer to see if they apply to your particular case.
How Can You Make Sure You Don’t Miss the Deadline?
To ensure you don’t miss the deadline for filing a personal injury lawsuit, it’s crucial to take immediate action following your accident. The sooner you start gathering information and speaking with a lawyer, the better your chances of getting everything done on time. Waiting too long could make it harder to prove your case, even if you file within the two-year limit.
Contact Our Personal Injury Lawyers Today
Our team at DelVecchio & Miller, LLC can guide you through the legal process. Our personal injury lawyers serving Pittsburgh, Pennsylvania, as well as throughout all of Pennsylvania, have extensive experience in fighting to protect the rights of victims harmed in auto accidents, premises liability accidents, and more. Contact us today to discuss your case and make sure you do not miss the chance to receive the compensation you deserve.