Personal Injury Statute of Limitations in Pennsylvania

Last verified 2026-07 · Source: 42 Pa. Cons. Stat. § 5524(2) ✓ verified · 3 sources

The deadline

2 years

from Date of injury; discovery rule applies when injury is not reasonably discoverable at time of occurrence, under 42 Pa. Cons. Stat. § 5524(2).

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Pennsylvania law sets a hard deadline of 2 years to file a personal injury lawsuit. The controlling statute is 42 Pa. Cons. Stat. § 5524(2), and the clock generally starts on Date of injury; discovery rule applies when injury is not reasonably discoverable at time of occurrence. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.

Pennsylvania Deadlines for Related Claims

When the Clock Starts

In Pennsylvania, the limitations period for personal injury lawsuits generally begins on Date of injury; discovery rule applies when injury is not reasonably discoverable at time of occurrence. Pennsylvania recognizes a discovery rule for this claim type: Pennsylvania discovery rule: clock starts when plaintiff knew or, in exercise of reasonable diligence, should have known of injury and its cause; applied narrowly — most general negligence cases start at date of injury

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Exceptions That Can Extend the Deadline

Modified comparative fault; plaintiff barred if 51% or more at fault (42 Pa. C.S. § 7102). Pennsylvania's discovery rule is applied narrowly for negligence claims; the 2-year clock typically starts at the injury date. Minor's clock starts at age 18.

Source: 42 Pa. Cons. Stat. § 5524(2), official Pennsylvania statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for Pennsylvania government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Pennsylvania Compares to Nearby States

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Pennsylvania?

You have 2 years from Date of injury; discovery rule applies when injury is not reasonably discoverable at time of occurrence, under 42 Pa. Cons. Stat. § 5524(2).

Can I still sue after 2 years in Pennsylvania?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

Does the discovery rule apply to personal injury lawsuits in Pennsylvania?

Yes. Pennsylvania discovery rule: clock starts when plaintiff knew or, in exercise of reasonable diligence, should have known of injury and its cause; applied narrowly — most general negligence cases start at date of injury

What if the victim was a minor?

Pennsylvania generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

Written notice to political subdivision within 6 months under Political Subdivision Tort Claims Act (42 Pa. C.S. § 5522); $500,000 aggregate cap on local agency claims

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Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Pennsylvania attorney.