What to Do If You Miss the Personal Injury Filing Deadline?
In Pennsylvania, missing your filing deadline, known legally as the statute of limitations, can mean losing your right to pursue compensation entirely. The court will almost always dismiss your case, regardless of how strong your evidence is, once that deadline passes.
Fortunately, there are narrow exceptions, and our personal injury attorneys in Harrisburg, PA, can sometimes help extend or preserve your right to file if certain conditions apply. At Cunningham, Chernicoff & Warshawsky, we believe that acting quickly isn’t just a legal requirement; it’s a key part of protecting your future recovery.
Even if your accident happened months or years ago, we encourage you to reach out.
Filing Deadline for Personal Injury Claims in Harrisburg
Most personal injury claims in Pennsylvania must be filed within two years of the date of the accident. This means if you were injured in a car crash on May 18, 2023, you generally have until May 18, 2025, to file your lawsuit. After that date, your claim is almost always barred.
This two-year deadline applies to most negligence cases, including car accidents, truck collisions, premises liability claims, and medical malpractice cases. However, there are exceptions. For example, if the injured person was a minor, the clock doesn’t start running until their 18th birthday. In medical malpractice cases, the deadline may extend under the “discovery rule” if you didn’t realize you were injured until later.
Courts across Pennsylvania regularly dismiss personal injury cases filed after the statute of limitations expires. Many of those losses could have been avoided with timely legal advice.
Failing to File a Personal Injury Case on Time
If you file after the statute of limitations expires, the defendant’s attorney will immediately file a motion to dismiss, and the court will almost always grant it. That means you won’t even reach the stage where evidence is reviewed, or settlement negotiations can begin.
In some cases, however, a seasoned Harrisburg personal injury lawyer can argue that the statute of limitations should be paused. Pausing the clock can apply if:
- The injured person was a minor or legally incapacitated at the time of the incident.
- A defendant concealed their wrongdoing or left the state to avoid being served.
- The injury wasn’t discovered until long after the act occurred, such as with toxic exposure or surgical errors.
What We Can Do to Protect Your Right to File
One of the most essential tasks of your Harrisburg personal injury lawyer is to calculate and preserve the statute of limitations. Deadlines vary by case type, defendant, and even by county court rules. They can review medical records, police reports, and correspondence to determine when the clock started and identify any applicable exceptions.
If your filing deadline is approaching, your attorney will act quickly to:
- File a formal complaint in Dauphin County Court to preserve your claim
- Notify insurers in writing to stop them from denying coverage based on time limits
- Collect witness statements and expert reports while they’re still fresh and admissible
Obtain Legal Help from Our Harrisburg Personal Injury Lawyers Now
If you think you’ve missed your filing deadline or are unsure when it expires, don’t assume your case is over. Pennsylvania law includes exceptions that may still permit you to proceed, provided you act now.
Call CC+W at 717-260-3527 or reach us online to arrange your complimentary consultation with our Harrisburg personal injury attorneys.