Don’t Forfeit Your Rights: Pennsylvania’s Two-Year Statute of Limitations for Injury Claims
Request a Free ConsultationThe personal injury statute of limitations in Pennsylvania gives most injured people two years to file a lawsuit. Under 42 Pa.C.S. § 5524, this deadline typically begins on the date the injury occurs. Missing it usually means losing the right to pursue compensation entirely, regardless of how strong the case might otherwise be.
Many people assume that having two years means they have plenty of time. That assumption overlooks a critical reality: evidence disappears long before legal deadlines expire. Surveillance footage is often overwritten on short cycles, sometimes in days and often within a few weeks, depending on the system. Witnesses forget details within weeks. Physical evidence at accident scenes changes almost immediately. The statute of limitations marks the final deadline, not a safe waiting period.
Key Takeaways for Pennsylvania Injury Filing Deadlines
- Most personal injury claims in Pennsylvania must be filed within two years of the injury date under 42 Pa.C.S. § 5524, and courts enforce this deadline strictly.
- Claims against government entities require notice within six months under 42 Pa.C.S. § 5522, though late notice may not bar a claim if the government unit already had actual or constructive notice of the incident or condition.
- Evidence preservation matters more than the filing deadline because surveillance footage, witness memories, and physical evidence may disappear within days or weeks of an incident.
The Two-Year Rule and How It Works
Pennsylvania law sets a two-year filing deadline for most personal injury claims. This includes car accidents, slip and falls, pedestrian crashes, and other negligence-based injuries. The clock typically starts running on the date the injury occurs, not when treatment ends or when the injured person decides to take action.
Courts treat this deadline seriously. Filing even one day late typically results in dismissal regardless of the claim’s merits.
When the Clock Starts
For most injury claims, the statute of limitations begins on the accident date. A car crash on January 15, 2025 creates a filing deadline of January 15, 2027. The injured person must file a lawsuit in court by that date to preserve their claim.
This start date applies even when injuries take time to fully develop. Symptoms that worsen over months or medical conditions that require ongoing treatment do not automatically extend the deadline. The date of the incident that caused the injury typically controls.
Government Claims Follow Different Rules
Claims against Pennsylvania government entities face shorter notice deadlines. The standard two-year statute of limitations still applies to filing suit, but injured people must provide written notice within six months of the injury. Pennsylvania law also says late notice is not necessarily a bar if the government unit already had actual or constructive notice of the incident or condition.
If the claim is against a Commonwealth agency, the written notice must also be filed with the Pennsylvania Office of Attorney General. Philadelphia residents injured by city vehicles, on city property, or through other municipal negligence must act quickly. The six-month notice requirement creates urgency that the two-year rule does not convey.
Why Waiting Damages Claims Before Deadlines Expire
The statute of limitations represents the final deadline, but evidence does not wait that long. Critical proof disappears quickly in the weeks and months following an injury. A claim filed within the deadline but without supporting evidence faces serious obstacles.
Philadelphia’s urban environment creates particular challenges for evidence preservation.
Surveillance Footage Disappears Quickly
Businesses throughout Center City and Philadelphia neighborhoods maintain security cameras that record activity. This footage often captures accidents, hazardous conditions, or the moments leading up to an injury. Most systems overwrite recordings within days to weeks unless someone requests preservation.
Evidence that disappears if it is not preserved promptly includes:
- Store security footage showing slip and fall conditions
- Traffic camera recordings from intersections
- Business surveillance capturing sidewalk incidents
- Parking lot cameras documenting vehicle accidents
- Building cameras recording entryway conditions
Once overwritten, this footage cannot be recovered. A preservation request sent weeks after an incident may arrive too late.
Witnesses Forget and Become Unreachable
People who witness accidents move, change phone numbers, and forget details over time. A witness who clearly remembers seeing a red light violation the day after a crash may have only vague recollections six months later. After two years, locating that witness and obtaining useful testimony becomes far more difficult.
Prompt investigation identifies witnesses while their memories remain fresh and their contact information remains current.
Limited Exceptions to the Two-Year Rule
Pennsylvania recognizes narrow exceptions that may extend the filing deadline in specific circumstances. These exceptions apply in limited situations and courts interpret them carefully. Relying on an exception without proper analysis risks losing the claim entirely.
Each exception addresses a specific situation where the standard rule creates unfairness.
The Discovery Rule
Pennsylvania’s discovery rule may delay the start of the limitations period when an injured person neither knows nor reasonably should know that they have been injured. This exception addresses situations where injuries remain hidden or their cause remains unknown despite reasonable diligence.
Courts apply the discovery rule narrowly. The exception requires more than simply not realizing the full extent of an injury. The injured person must have lacked the ability to discover both the injury and its cause through reasonable investigation.
Claims Involving Minors
Pennsylvania generally does not count the period of minority toward the limitations period, so an unemancipated minor typically gets the full two years after turning 18 to file. A child injured at age 10 generally has until age 20 to file a personal injury lawsuit. Parents or guardians may also pursue claims on behalf of minors before that deadline. This exception protects children from losing their rights due to the inaction of adults responsible for them.
FAQ for Pennsylvania Injury Filing Deadlines
Does settling with an insurance company affect the statute of limitations?
Negotiating with an insurance company does not stop or extend the statute of limitations. If settlement talks continue past the two-year deadline without a lawsuit being filed, the claim may be lost. Filing a lawsuit preserves your right to recover even while negotiations continue.
What happens if I file my lawsuit one day after the deadline?
Courts typically dismiss claims filed after the statute of limitations expires. Even missing the deadline by one day may result in complete loss of the right to pursue compensation. The deadline is strict and courts rarely make exceptions based on small delays.
Does the deadline apply differently to wrongful death claims?
Wrongful death claims in Pennsylvania also have a two-year statute of limitations, but the clock typically starts from the date of death rather than the date of the incident that caused it. Survival actions are also subject to a two-year limitations period, but the start date depends on the specific facts, including the timing of the injury and the death.
When Time Becomes the Enemy of a Valid Claim
Richard Grungo Jr., Esq., Personal Injury Lawyer
The two-year statute of limitations creates a clear deadline, but the real damage from waiting happens much sooner. Evidence vanishes within days. Witnesses forget within weeks. The strength of a claim erodes long before the legal deadline arrives.
Personal injury lawyers at Grungo Law represent injured people throughout Philadelphia who need help preserving evidence and pursuing claims within Pennsylvania’s deadlines. Our team acts quickly to gather surveillance footage, identify witnesses, and build cases while evidence remains available. We fight for fair compensation before time runs out.
If an injury has left you uncertain about deadlines and next steps, contact Grungo Law for a free consultation. We handle injury claims on a contingency basis, which means you owe no attorney fees unless we recover compensation for you.