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).
Advertisement
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
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | 42 Pa. Cons. Stat. § 5524(2) |
| Car Accident | 2 yrs | 42 Pa.C.S. § 5524(2) |
| Credit Card Debt | 4 yrs | 42 Pa.C.S. § 5525(a) |
| Medical Malpractice | 2 yrs | 42 Pa.C.S. § 5524(2), (7) |
| Wrongful Death | 2 yrs | 42 Pa. Cons. Stat. § 5524(2) |
| Dog Bite | 2 yrs | 3 Pa.C.S. § 459-502 (Dog Law); SOL: 42 Pa.C.S. § 5524(2) |
| Slip and Fall | 2 yrs | 42 Pa. Cons. Stat. § 5524 |
| Defamation | 1 yr | 42 Pa.C.S. § 5523(1) |
| Breach of Contract | 4 yrs | 42 Pa.C.S. § 5525(a)(8) |
| Medical Debt | 4 yrs | 42 Pa. C.S. § 5525(a) |
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
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 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
- Damage caps: $500,000 aggregate cap per local agency defendant (42 Pa. C.S. § 8553); no general noneconomic cap for private defendants in most PI cases
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
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Pennsylvania government defendants).
- 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
| State | Deadline | Statute |
|---|---|---|
| Pennsylvania | 2 years | 42 Pa. Cons. Stat. § 5524(2) |
| New York | 3 yrs | N.Y. C.P.L.R. § 214(5) |
| New Jersey | 2 yrs | N.J. Stat. Ann. § 2A:14-2(a) |
| Delaware | 2 yrs | Del. Code Ann. tit. 10, § 8119 |
| Maryland | 3 yrs | Md. Code, Cts. & Jud. Proc. § 5-101 |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12(b) |
| Ohio | 2 yrs | Ohio Rev. Code Ann. § 2305.10(A) |
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
Advertisement
Sources
- Official 42 Pa. Cons. Stat. § 5524 — Pennsylvania Legislature
- Corroborating Pennsylvania Personal Injury Statute of Limitations — Nolo
- Corroborating Pennsylvania Civil Statute of Limitations Laws — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Pennsylvania attorney.