Deadlines to File an Injury Lawsuit in Pennsylvania

Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline.

Two years for taking, detaining or injuring personal property (such as a car), and two years for waste or trespass on real property.

The general two-year injury deadline applies. In addition, the MCARE Act sets a seven-year statute of repose: no medical professional liability claim may be filed more than seven years after the alleged malpractice. The repose period does not apply to a foreign object unintentionally left in the body. For a minor, the claim may be filed until the later of seven years after the malpractice or the minor's 20th birthday.

Two years for an action for the death of an individual caused by the wrongful act or negligence of another. For wrongful death or survival claims based on medical malpractice, the action must be filed within two years after the death, unless the cause of death was misrepresented or fraudulently concealed.

Anyone planning to sue a government unit for injury to person or property must file a written notice within six months after the injury (with the government unit, and also with the Attorney General if the claim is against a Commonwealth agency) giving names, addresses, the date, time and location of the accident, and any attending physician. If not filed, the case will be dismissed unless the court finds a reasonable excuse. Damages against Commonwealth (state) agencies are capped at $250,000 per plaintiff and $1,000,000 in total per occurrence. Damages against local agencies are capped at $500,000 in total per occurrence, and pain and suffering is recoverable against local agencies only in cases of death or certain permanent injuries with medical expenses over $1,500.