When a car accident occurs, survivors or family members must often file legal claims to pursue compensation for injuries, medical expenses, and other losses. However, time limits apply to personal injury claims, and these are governed by what is known as the “statute of limitations.” These legal time frames must be followed for claim eligibility, but how do they work?
What Is a Statute of Limitations for a Car Accident Claim?
A ‘statute of limitations’ is a legal deadline by which a lawsuit must be filed. If the deadline passes, the court is likely to dismiss the case, and the injured party may lose the opportunity to pursue financial recovery through legal action. Even if the claim is valid and supported by evidence, the expiration of the time limit can prevent a court from hearing the matter.
This deadline protects fairness. Over time, evidence can disappear and memories fade, making cases harder to prove. This rule also encourages prompt action and shields defendants from indefinite legal risk. In essence, it creates a balanced process for both parties.
What Is Pennsylvania’s Statute of Limitations for Car Accident Personal Injury Claims?
In Pennsylvania, the statute of limitations for personal injury claims resulting from a car accident is generally two years from the date of the accident. This means an injured person has two years to file a lawsuit against the at-fault party.
Some circumstances may alter the standard two-year limit, though. One such situation involves minors: If the person injured in the car accident is under the age of 18, the statute of limitations may be paused until they reach adulthood. In such cases, the two-year period begins on the individual’s 18th birthday. Another exception may apply in cases where the injured party is mentally incapacitated or physically unable to file a claim due to the severity of their injuries. In rare situations, fraud or concealment by the at-fault party could also extend the deadline.
These exceptions require specific legal arguments and are evaluated on a case-by-case basis.
What Happens if the Statute of Limitations Expires?
Once the statute of limitations has expired, the opportunity to file a lawsuit is generally lost. Courts typically dismiss claims filed after the deadline, and insurance companies are unlikely to negotiate a settlement when litigation is no longer an option.
This underscores the importance of acting promptly. Individuals who delay filing risk missing the chance to recover compensation for medical bills, property damage, lost wages, and other accident-related costs. Even if someone is still receiving medical treatment, it is possible to begin the legal process within the appropriate timeframe.
How Is the Timeframe Calculated?
The statute of limitations usually starts on the date of the accident. However, in some circumstances, the clock may begin on the date an injury is discovered, rather than the date of the incident itself. This concept, known as the “discovery rule,” is applied when injuries are not immediately apparent and only become noticeable at a later time.
In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is two years. That typically starts on the date of death, regardless of when the incident leading to the death occurred.
It is important to distinguish between filing an insurance claim and initiating a lawsuit. Reporting the accident to an insurance company does not pause or extend the legal deadline. A formal complaint must be filed in civil court to meet the statute of limitations requirement.
Why Is Acting Early Important?
Taking action early allows time for gathering evidence, interviewing witnesses, and evaluating medical records. It allows adequate time for your car accident lawyer to assess liability and identify all potentially responsible parties. Waiting until the deadline approaches may reduce the chance of assembling a complete case and can place additional stress on the claimant. Acting within the legal timeframe also helps preserve the integrity of the evidence. Physical evidence may be lost or altered over time, and witness memories may fade, making it more difficult to prove the circumstances of the accident.
Skilled Media Car Accident Lawyers at Eckell Sparks Can Streamline Your Claim Process and Get You the Compensation That You Deserve
Timely legal action is critical after a car accident, but where should you start? That answer is easy: Contact the seasoned Media car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. today. To schedule an initial consultation, call our Media and West Chester, Pennsylvania offices at 610-565-3701 or submit our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.