If you’re thinking about filing a claim to recover damages after an injury, it’s essential that you understand the statute of limitations for personal injury claims in Wilkes-Barre, PA. With more than 250 years of combined legal experience, Munley Law’s personal injury lawyers have helped victims of accidents and abuse understand this legal timeframe and ensured claims have been filed on time since it was introduced in the 1970s.
Our lawyers have been honored by legal organizations and institutions such as the American Association for Justice and the National Trial Lawyers. They’ve been named to Top Lawyer lists, received various awards, and have been asked to join invitation-only organizations. The results they’ve achieved speak volumes. Among these are $32.25 million airplane crash, $26 million truck accident, and $20 million commercial vehicle accident settlements.
Pennsylvania’s statute of limitations determines the amount of time you have to file a lawsuit, and missing the deadline means you could have serious implications. In Wilkes-Barre, the statute of limitations for these types of claims is generally two years from the date of the injury. Our award-winning personal injury lawyers will assess your case, helping you understand if any exceptions apply to you, and will guide you through the legal process. Contact us today for a free consultation.
What Is a Statute of Limitations?
A statute of limitations is a law setting the maximum time after an event during which legal proceedings may be initiated. For personal injury claims, it is the time limit set by law for an injured party to file a lawsuit against the at-fault party.
Under 42 Pa. C.S.A. § 5524, the statute of limitations for personal injury claims in Wilkes-Barre, PA is generally set at two years from the date of the injury. The timeframe set by this law is crucial as it ensures the timely and efficient resolution of legal disputes. However, there are exceptions to the statute. These exceptions include:
- Discovery of Harm: In some cases, the injury or its full extent may not be immediately apparent to the victim. The statute of limitations may begin from when the injury was discovered or reasonably should have been discovered, rather than the date of the incident itself. In these cases, proper medical documentation showing the injury was related to the accident is critically important.
- Minors: For minors, the statute of limitations typically does not begin until they reach the age of majority. This means a child injured before age 18 may have until they turn 20 to file a claim. However, a parent or guardian can still file a claim on the child’s behalf before the child reaches the age of 20.
- Claims Against the Government: Injury claims against the government must be filed within a much shorter timeframe. In some cases, this can be as little as six months. Due to the implications of this significantly shorter timeframe, having a Pennsylvania personal injury lawyer represent you can lead to a successful outcome.
When an injury becomes a complex legal claim, assistance from Munley Law’s experienced personal injury lawyers becomes invaluable in navigating the legal process.
Contact a Personal Injury Lawyer at Munley Law
Call Us At 844-686-5397 What are the Consequences of Missing the Deadline of a Personal Injury Claim?
Failing to file a personal injury claim within the statute of limitations carries significant legal consequences. The largest is the loss of the right to sue. Claims filed after the deadline are typically dismissed without being evaluated on their merits.
This dismissal bars the injured party from receiving compensation for damages, such as medical expenses, lost wages, and pain and suffering, and denies them legal recourse against the responsible party.
Furthermore, attempting to settle out of court can weaken the injured party’s negotiating position. Because there is no legal requirement for the at-fault party to pay out for the injuries, the insurance company is less likely to do so.
Adhering to the statute of limitations is crucial. Injury victims should take every step possible to initiate the legal process with a PA personal injury lawyer as soon as possible to protect their rights.
What are the Common Types of Personal Injury Cases in Wilkes-Barre, PA?
Personal injury law encompasses a wide range of accidents and claims. Understanding the types of cases allows victims and their families to be more proactive in the legal process and ensure they meet the deadlines for filing a claim or lawsuit.
Common personal injury cases include:
- Auto Accidents: A car accident in Wilkes-Barre or those involving a truck, motorcycle, or other vehicle collisions are some of the most common reasons for a personal injury filing. According to the Pennsylvania Department of Transportation, 98,529 light trucks, vans, and SUVs, 7,312 heavy trucks, 70,343 passenger cars, and 3,390 motorcycles were involved in accidents across the state in 2024. Responsible parties could include a vehicle manufacturer, a government entity responsible for road maintenance, or another entity.
- Slip and Fall Accidents: These accidents occur when an individual falls and suffers an injury due to unsafe conditions on someone else’s property, such as wet floors, poor lighting, or icy walkways. Property owners or managers may be liable for slip and fall injury claims. While local data isn’t available, the National Safety Council revealed that more than 8.8 million people were treated in emergency rooms for fall-related injuries in 2023.
- Medical Malpractice: When healthcare professionals provide inadequate care that leads to injury or worsens an existing condition, it falls under medical malpractice lawsuits. 498 medical malpractice claims were filed in Pennsylvania in 2024, according to the Philadelphia Courts.
- Workplace Injuries: Workplace injuries can be mild to severe and may even result in chronic injuries that worsen with time. According to the Pennsylvania Department of Labor and Industry, there were 165,985 reportable workplace injuries and illnesses across the state in 2024, with 1,960 of these in Luzerne County. Personal injury attorneys often help victims recover compensation in a workers’ compensation claim.
- Product Liability: When a product causes injury, harm, or illness, victims can file a product liability claim.
- Wrongful Death: If someone’s death is caused by the negligence or misconduct of another person or entity, they have a right to a wrongful death case. They have a right to a wrongful death case.
Each type of personal injury case has specific legal requirements, and the statute of limitations may vary depending on the nature of the case and the identity of the party being sued. This makes it all the more crucial to have specialized legal guidance from the outset.
“Since 1959, we have secured over $1 billion in
compensation for our clients.”
Daniel W. Munley
What Types of Compensation are Available in Personal Injury Cases in Wilkes-Barre?
Munley Law understands the complexities of recovering from an injury and the strain it puts on families as medical bills pile up. Our experienced team can provide the necessary guidance, support, and representation to ensure your rights are protected and you receive the compensation you deserve.
In personal injury cases in Wilkes-Barre, you may be eligible to pursue compensation for economic damages, which are measurable financial losses, and non-economic damages, which aren’t measurable (such as psychological trauma). We have helped victims pursue compensation for:
- Medical expenses
- Lost income
- Loss of earning capacity/potential
- Property damage
- Punitive damages
- Work-related injury claims
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
We can do the same for you. Our lawyers will thoroughly investigate your case, file your claim before the deadline imposed by the statute of limitations for personal injury claims in Wilkes-Barre, PA, handle negotiations with insurance companies, and, if necessary, fight aggressively for justice on your behalf in court. We’ve helped clients recover more than $1 billion in compensation through verdicts and settlements such as:
- $17.5 million jury verdict for the family of a teenager killed in a car accident
- $12 million settlement for a woman who lost a leg in a forklift accident
- $11 million truck accident settlement
- $9.95 million settlement for a mother hit head-on by a truck
- $5 million medical malpractice settlement
Munley Law is the only Pennsylvania law firm with the distinction of having three lawyers, namely Marion and Daniel Munley and Katie Nealon, who have been board-certified in Trucking Accident Law by the National Board of Trial Advocacy. Marion and Daniel, along with J. Christopher Munley and John Mulcahey, are also board-certified in Civil Trial Advocacy and Civil Trial Law.
Marion is currently Vice President of the American Association for Justice and became the first woman to head its Trucking Litigation Group, which has also been chaired by Daniel. The association has honored several of our lawyers with awards, as has Martindale-Hubbell, which presented Daniel with the Platinum Client Champion Award and Caroline Munley with the Silver Client Champion Award. This respected directory has also awarded all our named partners AV Preeminent ratings, the highest rating it gives to lawyers. Entrusting Munley Law with your case is the best way to ensure it’s filed before the deadline set by the statute of limitations for personal injury claims in Wilkes-Barre, PA.
Frequently Asked Questions about the Statute of Limitations for Personal Injury Claims in Wilkes-Barre, PA
How Long Do I Have to File a Personal Injury Claim in Wilkes-Barre, PA?
You generally have two years from the date of the injury to file a personal injury claim in Wilkes-Barre, PA. This deadline is set by 42 Pa. C.S.A. § 5524 and applies to claims such as car accidents, truck accidents, slip and falls, medical malpractice, workplace injuries, and more. However, some exceptions may apply, such as when an injury isn’t discovered immediately, when a minor is involved, or when the claim is against a government entity. A Munley Law personal injury lawyer can determine the exact deadline that applies to your case.
What Happens if I Miss the Statute of Limitations Deadline for Filing a Personal Injury Claim?
If you miss the statute of limitations deadline for filing a personal injury claim, the court will almost certainly dismiss your case, regardless of how serious your injuries are. This means you lose your legal right to recover compensation for medical expenses, lost wages, pain and suffering, and other damages. Missing the deadline can also weaken any attempts to negotiate a settlement, as the at-fault party has no legal obligation to pay.
Are There Any Exceptions that Can Extend the Statute of Limitations for Personal Injury Claims?
Yes, several exceptions may extend or “toll” the statute of limitations for personal injury claims. These exceptions include:
- Discovery Rule: If your injury was not immediately apparent, the two-year deadline may begin when you first discovered, or reasonably should have discovered, the harm.
- Minors: The two-year period usually doesn’t start until the injured person turns 18, giving them until age 20 to file a claim.
- Claims Against Government Entities: These often have much shorter notice requirements – sometimes as little as six months from the date of the injury.
What Types of Personal Injury Cases Does the Statute of Limitations Cover?
The statute of limitations covers almost all types of personal injury cases, including motor vehicle accidents, slip and fall incidents, medical malpractice, workplace injuries, product liability claims, and wrongful death cases. Each type of claim may involve different legal standards and timelines, which is why it’s important to ask an experienced local personal injury lawyer at Munley Law for guidance.
How Can Munley Law Help Ensure My Personal Injury Claim is Filed on Time?
Munley Law’s Wilkes-Barre personal injury lawyers will help ensure your personal injury claim is filed on time by investigating your case, determining the exact deadline that applies, gathering evidence, and filing all paperwork before the deadline. We have more than 250 years of combined experience and a long history of securing major verdicts and settlements for injured victims.
Contact Munley Law for a Free Consultation
Do not let the opportunity to pursue justice pass you by. If you or someone you know has been injured and is considering a personal injury claim in Wilkes-Barre, contact Munley Law.
Call or connect with us online today for a no-obligation, free consultation with a personal injury lawyer.
Daniel W. Munley
Daniel W. Munley is an award-winning personal-injury attorney and champion of plaintiffs’ rights. For decades he’s won multi-million verdicts and settlements and is recognized as a national leader in truck and rideshare litigation,including a record $26 million truck settlement in Northeastern Pennsylvania and a $20 million recovery in 2024 for life-altering commercial-vehicle injuries.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on February 24, 2026.
