An absolutely critical consideration for anyone injured due the negligence of others is the statute of limitations that applies to their case. Pennsylvania, like all other states, has specific laws that limit how long you can wait to file a lawsuit for your injuries. If you do not file your lawsuit within the time limits set forth in the law, you will be barred from pursuing your claim, and you will lose your right to your claim for damages
How long do you have to sue?
Personal Injury Claims, including Malpractice Claims…………………………………………………………………….Two Years
Property Damage Claims……………………………………………………………………………………………………..Two Years
Contract Claims………………………………………………………………………………………………………………..Four Years
Libel and Slander…………………………………………………………………………………………………………….. One Year
Intentional Torts……………………………………………………………………………………………………………….One Year
Fraud……………………………………………………………………………………………………………………………Two Years
There are variants to statutes of limitations in Pennsylvania that may affect your case. There may be notice rules that are shorter than the actual statute of limitations that can affect your right to sue. There also may be laws or court interpretations of the statutes that may extend the statute of limitations as it pertains to your lawsuit.
Minors and the Statute of Limitations
Minors, or children under eighteen, have an extended statute of limitations for their injury claims. Due to a quirk of the law, this extension may apply to the claim for damages but not to a claim for medical expenses.
The Discovery Rule and Medical Malpractice Claims
There is a discovery rule for malpractice claims that may extend the statute of limitations for your case. This means that if, due to the negligence of a doctor or other professional, you could not discover the fact that you had sustained injury, the limitation on your ability to sue may be extended. Obviously, this rule is extremely case specific. If you do not have to rely on it, you should not plan on doing so.
The Death of a Defendant and the Statute of Limitations
If the defendant who caused your injury dies during the running of your statute of limitations, the statute in your case may be extended. Again, it may not be in your best interests to rely on this extension.
There may be other variants to the statutes of limitations, but these are the general rules for filing suit in Pennsylvania. To protect your interests from the harsh results of a failure to conform to these laws, the assistance and guidance of a lawyer is extremely important. If you have concerns about the statute of limitations applicable to your case, you should contact an attorney immediately.
