How Long After a Car Accident Can You Sue in Pennsylvania?

In Pennsylvania, you generally have two years to file a lawsuit if you’re involved in a car accident and considering seeking damages. This means that after two years, you may lose the right to sue for your car accident case, so acting within this period is essential to make sure your case is heard.

At Munley Law Personal Injury Attorneys, we specialize in personal injury cases, including those resulting from car accidents. Our seasoned car accident attorneys are adept at handling these tough cases and work hard to get you the compensation and justice you deserve.

Munley Law provides comprehensive support, guiding you through every step of the legal process to make it more understandable and less overwhelming. Our expertise and dedication help accident victims confidently face the legal system, ensuring their rights are protected, and their voices are heard.

What Is the Statute of Limitations on Car Accident Lawsuits in Pennsylvania?

If you’ve been involved in a car accident in Pennsylvania and are considering legal action or filing a personal injury claim, it’s important to understand the statute of limitations outlined in 42 Pa. C.S. § 5524.

• § 5524. Two year limitation.

The following actions and proceedings must be commenced within two years:

• (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

Pennsylvania law provides a two-year window from the date of an accident to file a lawsuit. This timeframe, known as the statute of limitations, ensures that cases are resolved while evidence is fresh and witnesses’ memories are clear and reliable. As time passes, essential evidence—such as accident scene details, vehicle damage, and witness statements—can become harder to gather or may even disappear entirely, making it more challenging to prove what happened and determine fault.

Waiting too long to take legal action can significantly weaken your case. Insurance companies or defense lawyers may argue that your injuries were caused by something other than the accident, or they may downplay the extent of your damages. Acting promptly allows you to preserve evidence, document injuries, and gather witness statements while the details remain vivid.

If you’re thinking about suing after an auto accident, it’s essential to consult with a personal injury lawyer as soon as possible. An experienced attorney can help you understand your legal rights, evaluate the strength of your case, and ensure that all necessary paperwork and deadlines are met. This proactive approach protects your rights and maximizes your chances of securing fair compensation for medical bills, lost wages, and other damages resulting from the accident.

What Are the Exceptions to Pennsylvania’s Filing Deadlines for Car Accident Claims?

After two years, it becomes much more difficult to sue for damages related to the accident, but it’s not necessarily impossible. There can be exceptions that extend the timeframe for filing a lawsuit:

The Victim Is a Minor

An important exception to the statute of limitations applies when the victim is a minor in Pennsylvania. Unlike adults, minors have the legal right to file a lawsuit until they turn 20 years old, regardless of when the car accident occurred. This extended timeframe is critical because it provides minors and their families with an opportunity to gather thorough evidence and fully assess injuries that may not manifest immediately. It allows them to carefully deliberate on whether legal action is necessary to secure justice and compensation for the child’s injuries and related damages.

Parents or guardians of injured minors should be informed about this exception and consider seeking counsel from a lawyer specializing in personal injury cases involving young people. Such a lawyer can offer invaluable advice on safeguarding the child’s legal rights. They can also clarify the complexities of the legal system, assist in gathering the necessary documentation and expert testimonies, and advocate for fair compensation to cover medical expenses, emotional distress, and other losses incurred due to the accident. This ensures that the child’s best interests are effectively represented and they receive the necessary support for their recovery and future well-being.

When the Liable Party Is a Government Agency

When a car accident involves a government agency, such as a city, county, or state entity at fault, getting through the legal process differs from cases involving private individuals or companies.

In Pennsylvania, if you’re considering legal action against a government agency for damages resulting from the accident under 42 Pa. C.S. § 5522, you must file a notice of claim within six months of the incident. This notice serves as formal notification to the government that you intend to sue and allows them to investigate the matter.

This requirement of filing a notice within six months is critical because it sets a shorter timeframe compared to the typical two-year statute of limitations for private lawsuits. Missing this deadline could mean losing the right to pursue compensation through a lawsuit. You must act promptly after the accident and consult with an experienced car accident attorney who handles government liability cases. Your lawyer can guide you through the process, file all the proper paperwork promptly, and advocate for your rights to seek fair compensation for medical bills, lost wages, and other damages caused by the accident.

Discovery Rule

The discovery rule is a legal principle that, in certain cases, starts the statute of limitations when the injury or harm is discovered rather than when it occurred. Concerning car accidents or other personal injury cases in Pennsylvania, the discovery rule may extend the time a lawsuit can be filed beyond the usual two-year period. This rule recognizes that some accident injuries or conditions may not be immediately apparent or diagnosable.

For example, if a person experiences internal injuries in a car accident that are not detected until later,  the statute of limitations may start from the date those injuries were discovered or reasonably should have been discovered. This allows individuals unaware of the extent of their injuries or the cause of their condition to still seek legal recourse within a reasonable timeframe after discovery.

The application of the discovery rule can be complicated and depends on each case’s specific circumstances. Individuals in such situations should speak with a knowledgeable attorney who can assess whether the discovery rule applies to their case and ensure that their rights to pursue compensation are protected effectively.

Incapacitation

In Pennsylvania, if you are incapacitated due to a car accident, the statute of limitations for filing personal injury lawsuits can be extended to accommodate your situation.

To be clear, incapacitation means that you are unable to manage your legal affairs due to physical or mental impairment, such as being in a coma, suffering from serious injuries, or experiencing significant psychological trauma.

When incapacitation occurs, the legal system acknowledges that it is unreasonable to expect you to file a lawsuit within the standard timeframe. As a result, the statute of limitations may be paused or “tolled” during the period of your incapacitation. This tolling ensures that once you recover and regain the ability to handle your legal matters, you still have the opportunity to seek justice and compensation for your injuries and losses. The exact duration and conditions under which the statute of limitations is tolled can vary on a case-by-case basis depending on individual circumstances and the specifics of your incapacitation.

It’s important to consult with a knowledgeable attorney who can assess your case, determine how incapacitation affects your ability to file a lawsuit, and meet all legal deadlines. An attorney can guide you through the process, helping you gather necessary evidence, file claims promptly once you can, and protect your rights throughout the legal proceedings.

What Happens If I Miss the Deadline?

Suppose you miss the deadline for filing a lawsuit after a car accident in Pennsylvania. In that case, you generally lose the right to seek compensation through the legal system. Once the statute of limitations expires, the court will likely dismiss your case, no matter how strong your evidence or how severe your injuries are.

Waiting too long to take action can be dangerous for several reasons. Firstly, evidence can be lost or deteriorate over time. Important details, such as witness statements, accident scene photos, and medical records, become more challenging to gather and verify as time passes. Witnesses’ memories can fade, making their testimonies less reliable. Additionally, physical evidence like skid marks or vehicle damage may no longer be available, weakening your case.

Secondly, the longer you wait, the harder it gets to prove your injuries were caused by the accident. Insurance companies and lawyers might argue that other things, like an old injury or something that happened after the accident, caused your problems. This complicates your case and can make getting the money you need to cover medical bills and other expenses tougher. Acting quickly helps strengthen your case by showing a clear link between the accident and your injuries.

Time is of the essence because acting quickly means you have the best and most recent evidence to support your case. By taking action right away, you can use the legal system to get fair financial compensation to cover your medical bills, lost wages, and other costs incurred due to the accident.

Consulting with a lawyer early on helps you understand the specific deadlines for your case and ensures all necessary steps are taken to protect your legal rights.

Contact a PA Car Accident Lawyer for a Free Consultation

If you’ve been in a car accident in Pennsylvania, it’s important to talk to a lawyer who can help you understand your options. At Munley Law Personal Injury Attorneys, we offer free consultations, which means you can speak with an experienced car accident lawyer for legal advice without worrying about costs.

We focus on car accidents and understand how to handle the legal process, allowing you to concentrate on recovering. Contacting Munley Law early can help you decide your next steps and secure compensation for expenses such as medical expenses or property damage repairs.

At Munley Law Personal Injury Attorneys, our experienced team aims to deliver outstanding legal representation to our clients affected by personal injuries. We are committed to upholding superior standards in safeguarding individual rights through collaborative efforts and leveraging our extensive expertise and resources. Our personal injury lawyers have received recognition from leading legal directories and are certified by the National Board of Trial Advocacy.

Contact our Pennsylvania car accident attorneys today, and let our law firm lead you through the legal process. Your initial consultation is free, and you are not obligated to proceed.