December 19, 2023

What Do I Need to Know About Pennsylvania’s Car Accident Statute of Limitations?

accident report

Car accidents can change lives forever, leaving those involved with injuries, emotional distress, and financial burdens. In Pennsylvania, anyone seeking justice and financial compensation for a car accident should know the state’s statute of limitations.

A statute of limitations is a legal timeframe. It establishes how long someone has to file a claim for pursuing legal action and damages against an allegedly at-fault party. Every state has its statute of limitations for specific civil and criminal cases.

Claims made after the date for the statute of limitations are typically considered invalid by the courts. Still, it is not unusual for people to wait too long before taking action. They might feel unsure or not realize how slowly the legal process can take at times or how slow they might be recovering from injuries.

If your insurance company challenges your claim, it takes time to appeal their decision. That can involve negotiations and settlements. When a claimant is dissatisfied with the insurer’s final offer, they might decide to pursue a lawsuit. They may be out of luck if the statute of limitations has passed.

What Is Pennsylvania’s Statute of Limitations for Car Accidents?

You have two years to file a claim for a car accident. The time starts ticking from the accident date. For wrongful death claims, the timeline begins on the date of the death.

What Is Pennsylvania’s Modified Comparative Negligence Rule?

Pennsylvania has other important car accident laws, including its modified comparative negligence rule. Each party will be assigned a percentage of fault for the accident.

Under this rule, your compensation can be reduced if the court finds that you were partially responsible for the accident. As an example, if the damages are $10,000 and the court decides that you are 20 percent responsible, you might receive $8,000. You cannot collect damages if you are 50 or more percent at fault.

A Lansdale Car Accident Lawyer at the Law Firm of Anthony C. Gagliano III, P.C. Can Help You File a Claim in a Timely Manner

If you were involved in an accident in Pennsylvania, you have to file your case within a specific timeframe. To learn more, contact a knowledgeable Landsdale car accident lawyer at the law firm of Anthony C. Gagliano III, P.C. Call us at 267-861-7100 or complete our online form to schedule a free consultation. Located in Philadelphia and King of Prussia, Pennsylvania, we serve clients in Montgomery County, Delaware County, Bucks County, Chester County, and Norristown.