Pennsylvania Personal Injury Statutes of Limitations
The concept of a “statute of limitations” refers to the idea that legal action must be taken within a set time frame to be considered valid. This can hold true for both criminal and civil law. When filing a personal injury claim in Pennsylvania, there are statutes of limitations as well. It is vital that victims of injurious accidents understand these statutes and act within the legal time frame so that they can successfully recover the financial compensation to which they and their family are entitled.
Today, our personal injury attorneys will discuss the statute of limitations for personal injury claims in Pennsylvania, some notable exceptions, and why this information is so important to those who have been injured.
Northeast Philadelphia, PA Personal Injury Lawyers Identify Personal Injury Statute of Limitations
Before worrying about the legal complexities of finding fault, proving your injuries, and recovering damages, personal injury claims must first be formally filed. In most cases, your Northeast Philadelphia personal injury lawyer must file your personal injury claim within two (2) years of the date of your injurious accident. However, there are a handful of exceptions to this rule pursuant to Pennsylvania statutes, including:
- Personal injury claims made against government entities – claims filed against state, county, or city governments must be filed within six (6) months of the accident
- Claims filed by minors – in the case where a child is injured in an accident, he or she may be eligible to file a personal injury claim up to two (2) years after either turning 18 or from the date they become emancipated. Emancipated minors must file personal injury claims within two (2) years of their accidents as they are considered legal adults
- Individuals who were not immediately aware of their injuries – PA law contains a discovery rule for personal injury claims, which grants an extension for individuals who were not aware of their injuries right away. It may be possible for victims to file personal injury claims up to two (2) years after they knew or should have reasonably known that they were injured
What happens if I Fail to File my Bucks County Personal Injury Claim in Time?
This leads to the obvious question: what happens if it has been more than two years? What if I missed the six month cut-off to file a claim against a government entity? Unfortunately, in these cases there is not much your Bucks County personal injury attorney can do. In the vast majority of situations where a statute of limitations has been missed, the courts will likely refuse to hear your case. This extends to settlements as well, as insurance companies are aware that beyond the statute of limitations there is no reason to offer a settlement.
Statutes of limitations are one of many reasons that victims of motor vehicle accidents, construction accidents, defective product accidents, and any other kind of accident seek the counsel of a qualified personal injury attorney. It is better to speak with an attorney and understand your time limit than to wait and miss your opportunity. If you or a loved one have been injured in an accident, do not forfeit your right to seek damages to cover medical bills, missed wages, pain and suffering, and much more.
Contact our Bensalem Personal Injury Statute of Limitation Attorneys Today
The personal injury attorneys of Kamensky, Cohen & Riechelson have over four decades of experience serving clients from local Bucks County communities such as Bensalem, Feasterville, Northeast Philadelphia, Penndel, Levittown, Millbrook, and all of Southeastern Pennsylvania. Our firm employs a highly analytical and investigative approach to personal injury cases, and will explore all options which might lead to a successful outcome for you and your family. Allow a team of qualified and experienced legal professionals to handle the heavy lifting of your personal injury claim while you focus on recovering from your injuries and getting your personal life back on track.
To learn more about Pennsylvania personal injury statutes of limitations and how they might impact your case, please contact us online or through our Bensalem, PA offices by calling (215) 337-4915 today for a free and confidential consultation.