Understanding the Statute of Limitations for Personal Injury Cases in the Commonwealth of Pennsylvania

If you or a loved one has been injured because of someone else’s negligence, Pennsylvania law gives you the right to pursue compensation through a personal injury claim. However, that right is not unlimited in time. There is a statute of limitations.

One of the most important—and often misunderstood—legal rules affecting personal injury cases is the statute of limitations. Missing this deadline can permanently bar a claim, regardless of how serious the injuries are or how clear the other party’s fault may be.

This guide explains how the statute of limitations works for personal injury cases in Pennsylvania, including common exceptions and situations that can affect when the clock starts running.

What Is a Statute of Limitations?

A statute of limitations is a law that sets a deadline for filing a lawsuit. In Pennsylvania, these deadlines are established by statute and strictly enforced by the courts.

Once the statute of limitations expires, a court will generally dismiss the case if it is filed late—even if the underlying claim would otherwise be valid.

What Is the Statute of Limitations for Personal Injury Cases in Pennsylvania?

In most personal injury cases, Pennsylvania law provides a two-year statute of limitations.

This means that a lawsuit must typically be filed within two years of the date of injury.

This two-year limitation period applies to many common types of personal injury claims, including:

• Motor vehicle accidents
• Slip and fall or premises liability claims
• Dog bites and animal attacks
• Product liability claims
• Medical negligence claims (subject to specific rules discussed below)

The governing statute can be found at: 42 Pa. C.S. § 5524 -- 2 Year SOL

When Does the Statute of Limitations Begin to Run?

In most cases, the statute of limitations begins to run on the date the injury occurred.

For example:

• If a car accident occurred on March 1, 2024, the lawsuit generally must be filed by March 1, 2026.
• If a slip and fall occurred on July 15, 2023, the deadline to file suit would typically be July 15, 2025.

However, Pennsylvania law recognizes that not all injuries are immediately known or discoverable. That is where exceptions come into play.

What Is the Discovery Rule in Pennsylvania Personal Injury Cases?

Pennsylvania applies what is known as the discovery rule in certain cases. Under the discovery rule, the statute of limitations may begin to run when an injured person knew or reasonably should have known:

1. That they were injured, and
2. That the injury was caused by another party’s conduct

This rule most commonly applies in cases involving:

• Medical negligence
• Toxic exposure
• Latent or progressive injuries

The discovery rule is fact-specific and often disputed. Courts closely examine what the injured person knew, when they knew it, and whether they acted reasonably once the injury was discovered.

How Does the Statute of Limitations Apply to Medical Negligence Claims?

Medical negligence cases in Pennsylvania are still generally subject to the two-year statute of limitations, but they frequently involve discovery-rule issues.

For example:

• A surgical error may not be discovered until months or years later.
• A misdiagnosis may not be uncovered until symptoms worsen or additional testing occurs.

In these cases, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered—not necessarily on the date of the medical procedure.

Because medical negligence cases are highly technical, statute-of-limitations issues often become a central legal battleground.

What Is the Statute of Limitations for Wrongful Death Claims in Pennsylvania?

Wrongful death claims in Pennsylvania are also subject to a two-year statute of limitations.

However, the clock generally begins to run on the date of death, not the date of the injury that ultimately caused the death.

Wrongful death claims are governed by a separate statute, which can be found here:
42 Pa. C.S. § 8301 -- Wrongful Death Actions

These claims are typically brought by the personal representative of the estate on behalf of eligible family members.

What Is the Statute of Limitation for Survival Claims in Pennsylvania?

In addition to wrongful death claims, Pennsylvania law recognizes survival actions, which are legally distinct. 42 Pa. C.S. § 8302 -- Survival Actions

A survival action allows the decedent’s estate to pursue the claims the injured person could have brought had they survived, including:

• Pain and suffering prior to death;
• Lost wages and earning capacity; and
• Medical expenses incurred before death

Unlike wrongful death claims, the statute of limitations for a survival action generally begins to run on the date of the injury, not the date of death.

As a result, a survival claim may be time-barred even when a wrongful death claim remains viable.

Are There Special Rules for Minors in Pennsylvania Personal Injury Cases?

Yes. Pennsylvania law provides special protections for minors. 42 Pa. C.S. § 5533 -- SOL for minors

In many personal injury cases involving a minor:

• The statute of limitations may be tolled, or paused, until the child reaches the age of 18.
• The injured person then generally has two years from their 18th birthday to file suit.

There are exceptions to this rule, particularly in certain medical negligence cases, so it should not be assumed to apply automatically in every situation.

What If a Government Entity Is Involved?

Claims against government entities in Pennsylvania are subject to additional notice requirements and shorter deadlines. 42 Pa. C.S. § 5522 -- Government Entities and Notice Requirements

In many cases:

• Written notice of the claim must be provided to the government entity within a specific period.
• Notice must also be given to the Pennsylvania Attorney General’s office in cases against a Commonwealth of Pennsylvania entity specifically.
• The notice should include:
  • The person’s name and address
  • The date and hour of the accident
  • The approximate location of the accident; and
  • The name and address of any attending physician.
• • Failure to provide timely notice can bar the claim, even if the lawsuit itself is filed within two years.

These cases are governed by the Political Subdivision Tort Claims Act, the Sovereign Immunity Act, and related statutes, and strict compliance is required.

What Happens If the Statute of Limitations Is Missed?

If a personal injury lawsuit is filed after the statute of limitations has expired, Pennsylvania courts will typically dismiss the case.

This occurs regardless of:

• The severity of the injury
• The strength of the evidence
• Whether liability is clear

Statute-of-limitations defenses are often raised early in litigation and can end a case before it ever reaches the merits.

Why Statute of Limitations Issues Deserve Early Attention

Statute-of-limitations questions are not always straightforward. Determining the correct deadline may require careful analysis of:

• When the injury occurred
• When it was discovered
• Who caused it
• Whether statutory exceptions apply

Waiting too long to seek legal guidance can unnecessarily jeopardize a valid claim.

Protecting Your Rights After a Personal Injury in Pennsylvania

If you or a loved one has been injured due to someone else’s negligence, understanding the statute of limitations is essential to protecting your legal rights.

The experienced personal injury attorneys at Dugan & Associates, have decades of experience representing injured individuals and families throughout Southwestern Pennsylvania. We help clients evaluate deadlines, preserve claims, and navigate complex legal rules so they can focus on recovery.

We listen and genuinely care about your well-being. Consultations are free, and if there is no recovery of compensation, there is no fee.

Contact us today by completing the form below or calling us at 412-353-3572.