Statute of Limitations for Personal Injury Claims in Pennsylvania

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July 31, 2019
Legally Reviewed By Attorney Rand Spear, Esq.

Accidents happen. Sometimes, they are due to a person’s own carelessness. Other times, they may be the result of another party’s negligence. When this happens, the injured party may want to pursue legal action to hold the negligent party responsible for their actions. This can be done through a personal injury lawsuit. Sometimes, a person may hesitate to pursue a lawsuit for a long period of time after an accident occurs. This may be due to the fear of affording legal fees or not wanting to cause any further trouble.

What many people do not realize is that personal injury attorneys are not usually paid out of pocket. They are paid on a contingency basis, meaning they only receive a payment if they recover an award for the injured party. This payment is taken out of the award.

Pennsylvania’s Personal Injury Statute of Limitations

When a person is injured in a personal injury accident and wants to file a claim, it is important that they do not wait too long. This is because there is a deadline on doing so, known as a statute of limitations. A statute of limitations requires an injured party to file a claim for a lawsuit within a certain time period. Otherwise, they may relinquish their opportunity to hold the negligent party liable. In the state of Pennsylvania, there is a two-year statute of limitations from the date of the injury to pursue a claim for a personal injury case.

Notice of Claim Requirements

Often times, personal injury accidents occur due to the negligence of another civilian. However, this is not always the case. Accidents sometimes occur when a municipality is negligent. This may happen in the event of unsafe government property conditions, a state-run transit administration accident, and more. When this happens, it is important to know that there is a different process in place to hold a municipality liable for their negligence.

In the state of Pennsylvania, there is a Sovereign Immunity Act that releases the state’s immunity in certain injury cases. This Act allows municipalities to be held responsible for injuries that happen due to their own negligence. If an injured party wants to pursue legal action against a municipality, they are required to file a Notice of Claim. This notifies the municipality that the individual plans to bring a lawsuit against them. It is important to know that the statute of limitations on filing a Notice of Claim is only six months from the date of the injury.

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia personal injury attorney to help you with your case. Contact Spear Greenfield to get the right attorney in your corner.