Understanding the Statute of Limitations…

By Sarah King

Jan 31

Understanding the Statute of Limitations…

This article focuses on the Statute of Limitations for the state of Pennsylvania, if you are located in a different state and are interested in learning more about the statute of limitations, click here!

A statute of limitations is the amount of time a party involved in an incident has to take legal action after the incident occurs.

Statutes of limitations vary across the U.S. from state to state and from claim to claim so it can get confusing to determine if your claim is still within the statute. We encourage you to contact an attorney as soon as possible after an incident, but if you are not able to do so, here is what you should know…

Personal Injury Cases

While there are exceptions, in many cases the statute of limitations for a personal injury case in many jurisdictions is 2 years. The biggest confusion that comes with this is when the two-year clock begins. 

In most cases your two-year time limit begins to run on the date that the injury occurs, however, there are exceptions: 

  • Underage Plaintiff
      • If the incident occurs and the person injured is under 18, their two-year clock may not begin until their 18th birthday, however, this varies from state to state. In many states, a minor who is injured has the right to file a claim when they turn 18 if they have not already done so. 
  • Discovery of Injury
    • If an incident occurs and you have an injury that goes unnoticed, your two-year clock may not begin to run until the day that the injury and cause are discovered. 
    • If you have an injury and don’t know what caused the injury, for example, you have an injury but you don’t know that it was caused by someone’s negligence, you may have additional time. 

This blog is not intended to provide legal advice and is not meant to determine whether you are within your statute of limitations. Statutes of limitations vary. If you would like more information, feel free to reach out to us directly.

We are actively handling claims including medical malpractice, defective products, defective drugs, fire injuries, construction/work injuries, car accidents, trucking accidents, and more. If you or a loved one are dealing with any kind of injury and you think you need legal advice, contact a 

personal injury attorney at Messa & Associates by calling 877-MessaLaw (637-7252) or submitting an online inquiry.

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