If you or somebody you love has sustained an injury that was caused by the careless or negligent actions of another person, company, or entity, you may be able to recover compensation for your losses. Most personal injury cases are settled out of court and through insurance carriers. However, it may be necessary to file a personal injury lawsuit against an alleged negligent party. At Soloff & Zervanos, P.C., our personal injury attorney In Philadelphia want to discuss the statute of limitations, or time limits, for these cases.
Every state is responsible for setting statutory time limits on the amount of time an injury victim has to file a civil lawsuit against an alleged at-fault party. These time limits are called the statute of limitations.
The statute of limitations for personal injury claims in Pennsylvania is two years from the date the injury occurred (42 Pa. Con. Stat. Ann. section 5524). This means that the person who sustains an injury has a two-year window from the date the injury occurred with which to file a claim, or they risk not being able to recover any compensation for their losses.
If a person sustains an injury that is caused by the negligent or careless actions of a government employee or agency of a government in Pennsylvania (state, county, local), there is a different set of rules that applies. Under Pennsylvania law, a personal injury claim against a government entity must be filed within six months from the date the injury occurred.
Even though errors made by a medical professional can lead to significant personal injuries or illnesses, the statute of limitations for these cases differs slightly from the typical personal injury statutes. Under Pennsylvania law, a person injured due to the negligence of a medical professional has two years from the date of the alleged malpractice to file a lawsuit against the medical provider. However, this time period may be paused (tolled) until the victim actually knows or should have known that they sustained an injury due to medical negligence.
There is an overall statute of repose in place the mandates that no medical malpractice lawsuit can be filed more than seven years from the date that the underlying medical mistake occurred, regardless of when the victim discovers the injury.
If you or somebody you love has sustained an injury that was caused by the careless or negligent actions of another person, let the team at Soloff & Zervanos, P.C. help you with your case today. We have extensive experience investigating these claims, and our goal is to secure compensation on your behalf. This can include coverage of: