If another party’s negligent actions caused your car accident, you may have the right to pursue compensation through a lawsuit. However, Pennsylvania has strict deadlines that must be followed. This is why we stress the importance of contacting us right after a crash. That way, time will be on your side instead of working against you.
What Is the Statute of Limitations for Car Accident Lawsuits in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the accident. This deadline applies to personal injury claims as well as property damage claims. If the lawsuit is not filed within this two-year window, the court may refuse to hear the case.
The statute of limitations is set by state law and is not dependent on whether an insurance claim has been filed or resolved. However, it is possible to file a lawsuit while still negotiating with the insurance company to protect the legal right to pursue damages.
Are There Exceptions to the Two-Year Deadline?
There are limited exceptions that may extend or pause the statute of limitations:
- If the person injured in the accident is under the age of 18 at the time of the crash, the statute of limitations typically begins on their 18th birthday, giving them until they turn 20 to file a lawsuit.
- Another exception may apply if the at-fault party leaves the state or attempts to conceal their identity to avoid being served with legal papers. In these cases, the time during which the defendant is unavailable may not count toward the two-year limit.
- Wrongful death claims have a different deadline. If a person dies as a result of injuries from a car accident, the family or estate representative generally has two years from the date of death, not the date of the crash, to file a lawsuit.
What Happens if the Deadline Is Missed?
If the statute of limitations expires, the court will generally dismiss the lawsuit, and the injured party may lose the right to seek compensation through the legal system. Even strong evidence will not revive a case filed after the deadline.
The defendant can raise the expired statute of limitations as a defense, and judges will typically uphold that defense unless an exception clearly applies. Courts enforce these deadlines strictly, with limited opportunities for extension.
When Should I Consider Filing a Lawsuit?
While there is a two-year window, taking action well before the deadline makes sense. Waiting too long can make it harder to gather evidence, locate witnesses, or document injuries. Medical records, photographs, and other forms of evidence may also be more difficult to obtain over time.
Early legal action can also put pressure on the insurance company to settle fairly, as the possibility of a trial becomes more immediate. Acting within a reasonable time frame helps preserve legal options and may lead to more favorable outcomes.
What Types of Damages May Be Recovered?
A successful car accident lawsuit may result in compensation for various losses. These may include medical bills, lost income, rehabilitation expenses, and pain and suffering. In wrongful death cases, damages may also include funeral costs and loss of companionship.
The amount awarded depends on the facts of the case, including the severity of the injuries, the length of recovery, and the impact on daily life. Evidence of economic and non-economic losses will be reviewed during settlement talks or trial proceedings.
Delaware County Car Accident Lawyers at Eckell Sparks Are Here to Answer Your Car Accident Questions
Filing within the statute of limitations is a necessary step to preserve your rights after a car accident, so do not delay. Contact the Delaware County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. immediately after a crash to give you a key advantage. For an initial consultation, call our Media and West Chester, Pennsylvania offices at 610-565-3701 or complete our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.