The time period to file a lawsuit is referred to as the ‘statute of limitations.’ After the statute elapses, a claim for damages generally cannot be brought after that time.
In Pennsylvania, there is a two year statute of limitations to bring a claim for personal injuries. It’s important to know what the statute of limitations is in your respective state. For example, Florida has a four year statute of limitations.
The two year clock on the statute of limitations begins on the day you “know or should have known that you were injured.” What does that mean? Well, if you were in a car crash and you’re claiming that you were hurt because of the crash, then the clock begins on that date as it is the date that you knew or should have known that you were hurt.
But there are some instances where the statute of limitations is not so clear like in medical malpractice cases from a failure to properly diagnose. Sometimes a patient might not know that they were improperly diagnosed until after the statute of limitations elapses. In that case, the clock begins to run when the medical malpractice is “discovered”; this is appropriately named “the discovery rule.”
The statute of limitations to file suit is also extended for a minor child. If a child is younger than 18 years old, they have until the age of 20 to bring a claim (so two years after they reach the age of adulthood).
It is advisable that if you or your minor child was injured, do not wait until the statute of limitations is at the doorstep because it can make collecting evidence and proving your case much more difficult.
We Are Here to Help
If you or anyone you know was seriously injured in a car crash, call us so we can help you. Our office remains open during this time, and you can speak directly to an attorney and get a free consultation when you call. We are available to speak with you via video conference, text or telephone. Call us or send us a message at (412) 345-1164, or visit our website at www.wallaceinjury.com.