How Long Can I Wait to File a Personal Injury Lawsuit for Injuries in an Accident?
Injuries and accidents can occur for a variety of reasons. When another party causes you to
be injured, you might be entitled to recover compensation for your injuries.
However, Pennsylvania’s Statute of Limitations restricts your time to file a
personal injury lawsuit. Therefore, it is typically a good idea to talk to an
Erie personal injury attorney as soon after an accident as possible to ensure
that you take steps to protect your right to be compensated for your injuries,
losses, and damages.
Deadlines to a File Personal Injury Lawsuit in Pennsylvania
The deadlines to file lawsuits related to personal injuries can be different for different types of cases. Below are some of the Statutes of Limitations for common types of personal injury claims. Deadlines for filing a personal injury lawsuit apply in most cases. However, it is very important to remember that there are exceptions to the statute of limitations in some cases.
- Traffic accidents in Pennsylvania are
subject to a two-year statute of limitations for filing a personal injury
lawsuit. This deadline includes cases involving cars, trucks, motorcycles,
pedestrians, and bicycles. - Slip and fall accidents and other
injuries related to premises liability laws typically have a two-year deadline
for filing lawsuits. - Wrongful death claims usually must be
filed within two years from the date of death. - Medical malpractice claims must be
filed within two years of the date the malpractice was discovered or should
have been discovered. However, there is a seven-year cap on filing medical
malpractice cases from the date of the alleged malpractice, regardless of the
date of discovery. - Victims of dog bites and dog attacks
typically have two years to file a lawsuit against the dog owner for damages. - Nursing home abuse and neglect cases
are also subject to the two-year deadline for filing personal injury lawsuits. - Lawsuits related to boating accidents
must also be filed within two years from the date of the accident.
As you can see, most personal injury lawsuits must be filed within two years from the date of injury in most cases. If you fail to file your personal injury lawsuit before the deadline, you lose your right to pursue legal action against the party who caused your injury.
Are There Exceptions to the Statute of Limitations for Personal Injury Cases?
Yes, some exceptions to the statute of limitations could shorten or lengthen your time to
file a personal injury lawsuit. For example, if a child is injured, the child
typically has two years from the time the child turns 18 years of age to file a
personal injury lawsuit for most types of claims. However, parents should not
rely on this exception. It is best to speak with an Erie personal injury
attorney as soon as possible to discuss the best way to protect the child’s
legal rights.
Another exception to the statute of limitations relates to cases involving government
entities. In cases involving government entities, you must provide notice to
the government entity within six months of the date of injury or you lose your
right to sue the government entity for damages. If a government agency or
entity is involved in your claim, you should speak with an attorney immediately
to protect your rights.
Contact an Erie Personal Injury Attorney As Soon as Possible
Even though you may have a couple of years to file a personal injury lawsuit, it is best to
speak with an attorney as soon as possible. The steps that you take in the
early stages of your case could have a significant impact on your injury claim.
An experienced personal injury lawyer in Erie can help you avoid missteps that
could hurt your claim.
Request a free consultation with an Erie personal injury
attorney by calling The Travis Law Firm at (800)
401-2066.