What Is Pennsylvania's Statute of Limitations?

If you've been injured in an accident, you're likely overwhelmed. Between the pain of your injuries, the medical bills piling up, and the uncertainty about how long you'll be out of work, it's a lot. One more thing you probably don't want to deal with? Legal deadlines. But unfortunately, they're real, and they matter.

In Pennsylvania, you only have a limited time to file a personal injury lawsuit. If you miss that window, you could lose your right to compensation entirely—no matter how strong your case is.

At Handler, Henning & Rosenberg, we've helped injured Pennsylvanians since 1922. We've seen what happens when people wait too long to talk to a lawyer. This blog is here to make sure that doesn't happen to you.

Pennsylvania's Statute of Limitations for Personal Injury Claims

A statute of limitations is the legal time limit for filing a lawsuit. In Pennsylvania, the general rule is two years from the date of injury. If you wait longer than that, your case may be dismissed automatically—no matter how valid your claim.

That two-year window applies to nearly all personal injury cases, including:

There are exceptions, but the safest course of action is to assume the clock is ticking. A quick call with an attorney can clarify how much time is left from the statute of limitations in your case.

Why the Statute of Limitations Could Affect the Size of Your Recovery

Two years might sound like a long time. But when you're recovering from serious injuries, time moves fast. Medical treatment, rehab, dealing with insurance—before you know it, months have gone by. Meanwhile, evidence can disappear. Witnesses can move or forget details.

Worse, insurance companies use delay as a weapon. They know the closer you get to the deadline, the more pressure you're under. That gives them leverage to offer less than you're owed—or nothing at all. The sooner you act, the stronger your case will be.

Shared Fault: How It Affects Your Case

Pennsylvania follows a "modified comparative negligence" rule. That means you can still recover damages even if you were partially at fault for the accident—as long as you're not more than 50% responsible.

Here's how it works:

A plaintiff is awarded $100,000 in damages
The court finds him 30% at fault
His award is reduced by 30%, so he receives $70,000

But if a plaintiff is assigned 51% of the blame or more, you get nothing.

That's why investigation matters. An experienced lawyer can gather evidence to keep your fault percentage low—or eliminate it entirely. HHR has beaten insurers countless times after they tried to assign our clients enough blame to get themselves off the hook. We made sure that didn't happen.

Exceptions to the Rule

While most personal injury cases follow the two-year rule, some exceptions may apply:

Delayed discovery: If you didn't know you were injured right away (common in medical malpractice), the clock might start when you discovered the injury.
Minors: If the injured person is under 18, the clock usually starts on their 18th birthday.
Wrongful death: In cases involving death, the two-year clock typically starts from the date of death, not the date of the accident.

Bottom line: Never assume you're out of time without talking to a lawyer first.

How the Statute of Limitations Affects Insurance Claims

Even if you're not planning to file a lawsuit, the statute still matters. Insurance companies pay attention to the calendar. The closer you are to the deadline, the more power they have. They may delay processing your claim or pressure you to accept a lowball offer.

But if you've already hired a lawyer? That changes things. Having legal representation tells the insurance company you're serious. It evens the playing field and often leads to better offers—sometimes before you even file a lawsuit.

Is There a Cap on Personal Injury Damages in PA?

In most personal injury cases, no. Pennsylvania does not cap compensation for economic or non-economic damages. That means you can recover the full value of your medical bills, lost income, and pain and suffering. The exception is if you're filing a car accident claim and you only have limited tort insurance.

However, the state does cap punitive damages (damages meant to punish the at-fault party). These are limited to twice the amount of actual damages awarded.

Don’t Miss Your Window to Recover

You have enough to worry about right now. Medical bills. Lost wages. Uncertainty about your future.

Let us handle the legal side of things. At HHR, we've helped Pennsylvanians recover tens of millions of dollars after serious injuries. We know what it takes to win—and we know how to move fast when time is running out.

Call (888) 498-3023 or contact us online to schedule a free consultation. Let us fight for what you're owed.