Statute of Limitations for Car Accident Injuries in PA
Car accident injuries can be debilitating, inhibiting a person from living a full life. Each state has specific laws indicating how long you must file a lawsuit for a personal injury. The Commonwealth of Pennsylvania only permits injured parties two years to seek compensation for their injuries following a car accident. This statute of limitations applies to how long you must file a lawsuit, not when you file an insurance claim. However, there are certain exceptions that may extend the statute of limitations, giving you more time to pursue recourse.
Knowing what steps need to be taken following a crash is imperative to preserving your rights. Whether you have recently been in a collision or the statute of limitations has seemingly run out, the Harrisburg car accident attorneys at Cunningham, Chernicoff & Warshawsky would like to hear from you.
Filing an Insurance Claim in Harrisburg, PA
If you experience injuries in a car accident, it is imperative that you file an insurance claim as soon as possible. Your insurance policy may set specific filing deadlines, so you need to speak with a car accident lawyer to ensure that your claim is handled properly. A car accident lawyer can assist you in gathering the necessary evidence and filing the appropriate paperwork to streamline your claim.
Two-Year Limitation Period and Exceptions
The Keystone State allows an injured party two years to file a legal claim following a personal injury. This also includes claims related to property damage. This statute of limitations ensures that the evidence tried is reliable. After some time has passed, eyewitness memories of an event may fade, and physical evidence can deteriorate. Although the two-year statute of limitations applies to most cases, there are situations in which the legal deadline may be extended, known as tolling the statute of limitations.
The Crash Caused Mental Incapacitation
If the accident caused mental incapacitation to an injured party, then the statute of limitations will not begin until the individual has regained capacity.
The Injured Party Was a Minor
Generally, minors are not allowed to take legal action on their own. If an injured party is a minor at the time of the accident, then the statute of limitations will not start until the person turns 18 years of age.
Discovery Rule
Pennsylvania law stipulates that the legal clock will not begin ticking until the injured party discovers their injuries. Known as the discovery rule, the statute of limitations will only begin once the plaintiff knows or should have known of their injuries. This is often referred to as having actual or constructive knowledge, respectively.
“Don’t Delay”
Just because the Statute of Limitations is typically two years, you should not delay in contacting an experienced attorney. If you delay, there may not be sufficient time to identify and investigate the liability of all potential defendants. Defendants could include the following: obviously, the defendant at fault driver, in a liquor liability case – the bar or restaurant involved, in a highway defect case – whether or not an exception to sovereign immunity can be made, or in an auto design defect case – whether or not a defect in design or a function of the car was a factor in causing the accident and/or injuries.
Guidance From Our Trusted Harrisburg Car Accident Attorneys
Car accident injuries can often result in surgeries, physical therapy, home modifications, and other extensive measures. These medical needs come at a high price, placing quite a dent in your bank account. Recovering for your losses is essential to protecting your financial future, but that can only be done if you take legal action within the limitation period.
At Cunningham, Chernicoff & Warshawsky, our Harrisburg car accident lawyers have seen the permanent and life-threatening injuries caused by a collision. If you or a loved one has recently fallen victim to an accident, our legal team is ready to assist you in filing your claim. Even if you believe that the statute of limitations has run out, we want to hear from you. To learn more or arrange your consultation, our office can be reached online or by calling (717) 260-3527.