How Long Do You Have to File a Personal Injury Claim in Montgomery County?

One of the most common questions people have when thinking about a personal injury lawsuit is how much time they have to make a decision. When dealing with injuries and medical complications from an accident, it can be overwhelming to think about bringing a lawsuit at the same time. Thankfully, Pennsylvania law provides Montgomery County residents with time to explore their options and prepare their case. 

Pennsylvania Statute of Limitations

Under Pennsylvania law, individuals have two years to bring a personal injury claim in Pennsylvania court. This date is known as a “statute of limitations,” and it is a very strict deadline. If you file your claim even one day after the statute of limitations has passed, it may be rejected by a judge, no matter how compelling your case may be.

This two-year statute of limitations begins to run on the date of your accident, not the date you get out of the hospital or the date you speak to an attorney. It does not matter how long it takes you to reach out to a Montgomery County personal injury lawyer, or what sort of medical issues you may be facing; your clock begins to run the day you are injured. 

Claims Subject to the Two-Year Statute of Limitations

This two-year deadline for personal injury claims applies to most types of accidents and injuries in Montgomery County, including:

• Car and truck accidents
• Slip and fall accidents
• Accidents resulting from dangerous property conditions
• Injuries from civil rights violations
• Injuries from assault and battery

While there are rare exceptions to the rule and circumstances where it does not apply (as discussed below), anyone considering a personal injury lawsuit should assume they are subject to the two-year deadline in order to avoid losing out on their claim. 

Exceptions to the Two-Year Rule

There are a few rare situations where Pennsylvania law allows for this strict deadline to be extended. It is important to understand these exceptions, but do not assume that they apply in your case. Talking with an experienced Montgomery County personal injury lawyer will help you determine if you actually have additional time to file your claim. 

Plaintiffs Who Are Minors

States have long recognized that individuals need to be adults in order to bring a lawsuit and that children are unlikely to understand legal rules like a statute of limitations. For this reason, Pennsylvania law creates an exception for minors who may have a personal injury claim. Instead of running from the date of the injury, a minor’s personal injury statute of limitations only begins to run when they turn eighteen. This means that whether a child is injured when they are five or when they are fifteen, they typically have until their 20th birthday to bring a personal injury claim in court. 

Hidden Injuries

Occasionally, an individual may experience a situation, like a botched surgery or exposure to a dangerous chemical, that leaves them with a hidden injury that does not become apparent for several years. It wouldn’t be fair to apply the two-year statute of limitations to these individuals’ claims because they may not even know that their injury exists before the deadline has expired. When this happens, Pennsylvania law applies the “discovery rule” and permits an individual additional time to file based on when they learn of their injury.

The discovery rule means that the statute of limitations only begins to run when a person knows, or reasonably should have known, of their injury. This exception does not allow someone to be willfully ignorant and utilize the discovery rule, or to lie about when they learned of their injury–it applies only where an injury is truly hidden and could not reasonably be discovered. For this reason, the burden is on the party seeking to use the discovery rule to show that they did not immediately know they were injured and could not have discovered the injury until they did. 

Wrongful Death

In the very unfortunate situation where an injury results in death, Pennsylvania law grants family members additional time to bring a wrongful death claim on behalf of their loved one. In a wrongful death action, the statute of limitations typically begins to run at the time of the death, not the time that the injury occurred. It is important to note, however, that wrongful death claims do become more complicated when the death occurs many years after the injury happened. If you are dealing with such a situation, it is important to talk with a Montgomery County personal injury attorney as soon as possible. 

Claims Involving Government Entities

Special circumstances also apply when a personal injury claim is brought against a governmental entity. When governmental entities are involved, plaintiffs actually have less time to file a lawsuit because of the Pennsylvania Sovereign Immunity Act and Tort Claims Act. These two laws require plaintiffs to provide state and local governments with notice before filing a lawsuit against them, and require that this notice of intent to bring a claim must be provided in writing within six months of the date of injury. If you do not do so, a court will typically reject your lawsuit. If your claim involves a government entity or government employee, it is always best to consult with a Montgomery County personal injury attorney as soon as possible. 

Protect Yourself and Your Lawsuit – Speak with a Montgomery County Personal Injury Lawyer Today

When you have been seriously injured by someone else’s intentional bad behavior or negligent conduct, one of the worst things that can happen is to miss out on your opportunity to bring a personal injury claim because you failed to meet the statute of limitations deadlines. 

While keeping track of deadlines can be difficult, the Montgomery County personal injury attorneys at Anthony Gagliano C. III, Esquire, P.C. are here to help. They have years of experience representing injured Pennsylvania residents and can help you understand the deadlines that apply in your circumstances, as well as assist you in filing a timely lawsuit or notice of claim. For more information or to schedule a consultation, contact us today.