How Long Do You Have to File a Personal Injury Lawsuit in Pennsylvania?

Getting hurt in an accident can flip your life upside down. Between medical visits, missed work, and daily pain, it’s easy to delay decisions. But there’s one thing you can’t wait on — how long you have to file a personal injury lawsuit in Pennsylvania. 

Whether you're dealing with the aftermath of a crash or seeking help from a car accident lawyer, this legal deadline isn’t flexible, and if you miss it, you could lose your chance to recover money forever.

Schedule A Free Consultation

What Does a Personal Injury Lawsuit Mean?

A personal injury lawsuit happens when someone gets hurt because another person, business, or group acted carelessly or made a dangerous mistake. You’re asking the court to make them take financial responsibility for your harm.

Common examples of personal injury cases:

• Car or truck crashes caused by reckless drivers
• Medical mistakes that lead to illness or injury
• Dangerous falls on icy sidewalks or broken stairs
• Nursing home neglect or abuse
• Rideshare accidents involving Uber or Lyft
• Childbirth injuries caused by improper care

You can ask for money to help with:

• Hospital bills and future treatment
• Lost income while recovering
• Pain and emotional suffering
• Permanent disabilities or scarring
• Changes to your daily life or independence

Are There Any Exceptions to the Two-Year Deadline?

Yes — a few special cases may extend or delay your deadline. These are called tolling exceptions, and they depend on the details of your situation.

Some situations that may pause or change the time limit:

• Minors injured in accidents: If a child is hurt, they usually have until their 20th birthday to file
• Discovery delay: If you didn’t know right away that someone’s mistake caused your injury (like in medical malpractice), the clock might start when you first discover the harm
• Mental incapacity: If the injured person isn’t mentally capable of filing a claim, the time may be paused until they recover
• Claims against the government: If a city or state agency is involved (like PennDOT), you usually must file a notice of intent within just six months

To avoid missing a shorter deadline:

• File a written notice as soon as possible
• Keep proof of the date you mailed or submitted the notice
• Get guidance before assuming the full two years applies

What Happens If You Miss the Deadline?

Waiting too long has serious consequences. If your case isn’t filed in time:

• You can’t collect any money, even if the injury is severe
• The other side can ask the judge to dismiss it, and they usually win
• Insurance companies have no reason to negotiate or settle

It’s heartbreaking, but the law doesn’t make exceptions for people who simply didn’t know the rules. That’s why taking action early is so important.

To protect your chance at compensation:

• Don’t rely on what insurance agents say
• Know your rights and your window to act
• Use the time wisely to prepare strong evidence

Why Should You File a Lawsuit Instead of Just an Insurance Claim?

Insurance might seem like the simple solution. But insurance companies are businesses — their goal is to pay as little as possible. Filing a lawsuit puts you in control, not them.

Here’s what a lawsuit can do that a claim can’t:

• Force the other side to share records, videos, and documents
• Let you bring in outside doctors or accident experts
• Show that you’re serious about getting fair compensation

Reasons people file personal injury lawsuits:

• Insurance denied or delayed payment
• Settlement offer doesn’t cover full losses
• Injuries were underestimated at first and got worse
• The at-fault party is trying to blame you

What Should You Do Once You’re Home After an Accident?

You don’t need to rush to court the day after getting hurt. But as soon as you’re home and stable, you can begin preparing.

Start with these steps:

• Write down everything you remember about the accident: what happened, who was there, and how you felt afterward
• Keep every medical record and bill: ER visits, therapy appointments, prescriptions, test results
• Track how your injury affects your life: missed work, sleep problems, pain, changes in your routine
• Take photos of injuries, casts, braces, or scars — these may be hard to remember months later

This kind of information:

• Helps show the full impact of your injury
• Can strengthen your case if it goes to court
• Proves you’ve taken the situation seriously

What Makes a Personal Injury Case Strong?

Strong personal injury cases don’t happen by luck — they come from clear records and timely action. Look for these signs your case has value:

• Someone else clearly caused or contributed to your injury
• You have medical proof of harm and a connection to the accident
• You’ve lost money or suffered in ways that can be measured
• You started gathering evidence soon after the accident

Not sure? Acting early gives you time to:

• Investigate the facts
• Collect surveillance video or traffic footage
• Speak with witnesses while memories are still fresh

What If You Were Partly at Fault?

Pennsylvania uses a rule called modified comparative negligence. This means:

• You can still get money as long as you’re less than 51% responsible
• Your final award is reduced by the percentage of fault you share

Here’s how it works:

• If you were 20% at fault and win $100,000, you’d get $80,000
• If you were 51% or more at fault, you get nothing

This rule encourages early evidence gathering. The longer you wait, the easier it is for the other side to claim you were more at fault than you really were.

To protect yourself:

• Don’t admit fault without full information
• Collect photos, statements, and police reports quickly
• Avoid posting about the accident on social media

Why Timing Matters Even More in Pittsburgh and Western PA

If your injury happened near downtown Pittsburgh, on I-376, or in Monroeville, acting quickly matters even more. Western Pennsylvania weather can hide or erase key evidence — like skid marks or ice on sidewalks.

Local challenges that affect timing:

• Snow and salt trucks can clear accident sites fast
• Construction crews may fix the problem area quickly
• Security footage in stores or on buses may be deleted in days

That’s why waiting can hurt your case — not because you’re wrong, but because proof disappears.

Places where this often happens:

• Grocery store falls near South Hills or Robinson
• Downtown Pittsburgh car crashes near PPG Paints Arena
• Nursing home injuries in Westmoreland County

Acting early means you may still capture:

• Camera footage from traffic lights or businesses
• 911 call logs and emergency responder notes
• Photos before repairs or cleanups occur

Three Ways to Get Started Without Delay

You don’t need to do everything at once — just take the first few steps.

1. Write it down: Record what happened, where it happened, and how you’re feeling today
2. Gather your papers: Collect discharge summaries, receipts, and any letters from insurance
3. Ask for help: Reach out to someone who can guide you on timing and next steps

FAQ: Filing Personal Injury Claims in Pennsylvania

Q: How long do I have to file a personal injury lawsuit in Pennsylvania?
A: Most people have two years from the date of injury. Some exceptions may apply depending on age or discovery.

Q: What if I didn’t feel hurt until weeks later?
A: You may qualify for the discovery rule, which starts the clock when you discover the harm. Talk to someone about your timeline.

Q: Can I still get money if I was partly responsible?
A: Yes, if you were less than 51% at fault. Your compensation will be reduced by your share of the blame.

Q: What if I need to sue the state or a city?
A: You must file a written notice of intent within six months. These cases have much shorter deadlines.

Q: I filed an insurance claim. Do I still need to file a lawsuit?
A: Yes. Insurance claims don’t count toward your court deadline. You must file in civil court before time runs out.

Expanding on the Deadline: Special Cases and Insurance Company Tactics

While the two-year statute of limitations covers most personal injury cases, several specific situations have their own unique timelines and challenges. Understanding these nuances is critical, as waiting could jeopardize your case even if you think you have plenty of time. 

Furthermore, it’s important to recognize how an insurance company’s behavior can be designed to run out the clock.

Specific Deadlines for Different Case Types

Not every injury follows the standard two-year rule from the date of the incident. 

Key distinctions include:

Wrongful Death Claims: If a loved one dies due to someone else's negligence, the family has two years to file a lawsuit. However, this two-year clock starts on the date of the person's death, which may be different from the date of the initial accident or injury.

Workers’ Compensation Claims: These are not technically personal injury lawsuits, but they are a crucial part of many workplace accidents. In Pennsylvania, you must notify your employer of your injury within 120 days. Missing this reporting deadline can prevent you from receiving workers' compensation benefits, even if you still have time to file a separate lawsuit against a third party.

Injuries from Defective Products: If you are harmed by a faulty product, the discovery rule often applies. The two-year deadline may not begin until the date you discovered—or reasonably should have discovered—that the product’s defect caused your injury.

Beware of Insurance Company Delay Tactics

Insurance adjusters are often aware of the statute of limitations and may use it to their advantage. A common tactic is to engage you in a long, drawn-out negotiation process. 

The adjuster might seem cooperative, promising a fair settlement is just around the corner, while repeatedly asking for more documents, statements, and records.

Their goal can be to keep you talking until the two-year deadline passes. 

Once it does, they have no legal obligation to pay you anything, and they can deny your claim outright. Remember: communicating with an insurance company does not pause the legal deadline to file your lawsuit in court.

What It Means to Officially "File" Your Case

"Filing a lawsuit" is a specific legal action. It doesn’t just mean sending a letter or making a phone call. To officially stop the clock on the statute of limitations, your attorney must file a formal legal document with the appropriate county court. 

This is typically done by filing one of two documents:

A Writ of Summons: A simple document that notifies the defendant you are starting a lawsuit.

A Complaint: A more detailed document outlining the facts of the case and the legal basis for your claim.

Filing one of these documents officially preserves your right to pursue compensation, protecting you from having your case dismissed for being too late.

The Clock’s Ticking — You Don’t Have to Wait Alone

The aftermath of an injury can be scary, painful, and confusing — but time isn’t on your side. If you were hurt in a car crash, slip, medical incident, or nursing home accident anywhere in Western Pennsylvania, waiting could cost you more than you realize.

At Pribanic & Pribanic, our personal injury lawyer know the law and what’s at stake. With offices in Pittsburgh, White Oak, and Brookville, we fight for those who’ve been knocked down through no fault of their own. We don’t take shortcuts, and we don’t back down.

Let’s talk about your case before the clock runs out.

Call us today:

• Pittsburgh: (412) 281-8844
• White Oak: (412) 672-5444
• Brookville: (814) 849-1278
• Or anywhere else: (800) 392-4529

There’s no pressure. Just answers. Let’s get started.

Schedule A Free Consultation