Understanding the Statute of Limitations in Philadelphia

When pursuing a medical malpractice, product liability or other personal injury claim in Philadelphia, timing is critical. Pennsylvania law imposes strict filing deadlines, known as statutes of limitation, that determine how long you have to bring your case to court. Missing the deadline could mean losing your right to recover damages entirely, no matter how strong your claim may be. Below, we break down the key rules, exceptions, and considerations surrounding the statute of limitations in Philadelphia so you can protect your rights.

What Is a Statute of Limitations?

A statute of limitations is a law that sets a deadline by which a lawsuit must be filed. Once the deadline passes, courts typically dismiss the claim as time barred. The purpose of these time limits is to encourage timely litigation while evidence is still fresh and prevent indefinite exposure to claims.

In Pennsylvania, these rules apply statewide, including in Philadelphia.

Standard Deadlines in Philadelphia and Pennsylvania

Here are several common limitation periods under Pennsylvania law:

It is critical to identify the type of claim involved to know which deadline applies.

When Does the Clock Start?

The statute of limitations typically begins to run when the cause of action accrues, meaning when the injury occurs or when the claimant first knew (or should have known) of the injury and its cause.

• Accrual date: In a car accident, slip and fall, or other negligence matter, the clock generally starts on the date of the accident.
• Discovery rule: Pennsylvania recognizes the discovery rule. This exception means the clock begins when the plaintiff knew or, through the exercise of reasonable diligence could have discovered they were harmed by someone’s negligence.
  Related read: Application of the Fraudulent Concealment Exception to Pennsylvania’s Statute of Limitations
• For minors: If the injured party is a minor, the statute of limitations does not begin to run until they reach the age of majority. And so, a lawsuit seeking to recover damages for a child’s personal injuries must be started by their 20th birthday, two years after the child’s 18th birthday.

Tolling, Exceptions, and Special Rules

Because limitation periods are strictly enforced, plaintiffs and their counsel must be aware of exceptions and statutory tolling rules:

1. Fraudulent concealment / estoppel
   A defendant who conceals wrongdoing or misleads the plaintiff to delay their investigation may be prevented from asserting the statute of limitations. The Pennsylvania doctrine of fraudulent concealment may apply to delay the statute’s start.
2. Minor or disability tolling
   Minors or incapacitated persons may benefit from tolling until the disability is removed.
3. Statute of repose in medical claims
   In medical malpractice claims, Pennsylvania imposes a repose period of 7 years. Regardless of discovery, a claim generally cannot be brought more than 7 years after the act of malpractice, with two exceptions: foreign objects left in the body and claims involving minors.
4. Government defendants or public authorities
   Claims against a city, municipality, or public authority may have statutory notice requirements or shorter deadlines. Some public entities require that you file a notice of claim within 6 months before suit.
5. Absence or concealment by the defendant
   If the defendant leaves Pennsylvania or hides their identity, that may toll the statute for the period of absence or concealment.

Do Not Hesitate; Protect Your Rights If You Are Injured

• The process of investigation, gathering and reviewing evidence and consulting with expert substantial time. Do not wait until the deadline approaches.
• Although exceptions exist, assume the shortest deadline applies to allow your lawyer to gather evidence and learn whether information has been concealed or a governmental entity that requires notice exists.
• Even when a child is injured, act quickly. Evidence can be lost, memories fade, and so waiting to contact a lawyer to begin an investigation to gather information could impact the ability to succeed.
• Public entity claims require special handling. Missing a required notice period to a city or municipality can be fatal to your case.

Conclusion

Statutes of limitation are unforgiving. Missing the deadline can extinguish your rights to recover, regardless of the merits of your case. In Philadelphia and throughout Pennsylvania, most negligence and personal injury claims must be filed within two years, subject to limited tolling or exceptions. Because the exceptions are fact sensitive and risky to invoke, victims should consult our experienced attorneys promptly to preserve claims and avoid losing their opportunity to litigate.