How Long Do I Have to File a Lawsuit After a Car Accident in Pennsylvania?

By KBG Injury Law LLP | December 10, 2024

How Long Do I Have to File a Lawsuit After a Car Accident in Pennsylvania?After a car crash, you may be busy with many important tasks, such as getting medical treatment, starting physical therapy, resting and recovering from your injuries, meeting with auto mechanics to learn about vehicle repairs, and speaking with your boss about needing time off work to go to your appointments.

Bills may continue to pile up, it could become hard to pay for groceries, and medical expenses keep pouring in after a crash, especially if you are unable to work. Unfortunately, you do not have unlimited time to file a lawsuit after a car accident in Pennsylvania.

How long do I have to file a lawsuit after a car crash in Pennsylvania?

According to Pa. C.S.A. § 5524, those involved in car crashes in Pennsylvania generally have two years to file a lawsuit and seek compensation for their losses. This means that if you are a victim of a car crash in Pennsylvania, you have two years from the crash date to sue the at-fault party for damages. While you may be healing and recovering from your injuries and trying to get your life back on track, you cannot forget about this two-year deadline, or you will lose the opportunity to recover your losses.

Are there exceptions to the time limit?

Yes, there are a few exceptions to the time limit for filing a lawsuit after a car accident in Pennsylvania. These exceptions include:

  • Being a minor: If you were under 18 when the crash happened, you have two years from the date you turn 18 to file a lawsuit. This means that if your accident happened when you were 17 or even 13, you have until your 20th birthday to sue the at-fault driver.
  • The at-fault driver is a government employee: If you were involved in an accident with a driver who works for the government, Pennsylvania usually only gives victims six months to give notice that you are pursuing a claim, and then two years to file a lawsuit. Lawsuits against government employees can be very challenging, which is why it is recommended to consult with a lawyer about how to navigate this type of lawsuit right away.

If a family member passes away due to a car accident, this can also change the amount of time you have to file a lawsuit. Instead of filing a lawsuit within two years of the date of the accident, you or a family member can file a lawsuit within two years from the date of the person’s death. In this type of situation, your lawsuit becomes a wrongful death lawsuit.

Is a lawsuit the same thing as a claim?

A lawsuit and a claim are not the same thing. A claim is filed against the at-fault party’s car insurance company, which allows the insurance company to investigate the accident and determine whether they will provide a settlement for damages. Most car accident lawyers suggest filing an insurance claim immediately after a car accident. If the insurance company makes things too difficult or refuses to cooperate, they then suggest moving on to a lawsuit.

By filing a lawsuit, you are making it known that you are taking the case to court to obtain the financial compensation you need and deserve. Sometimes, insurance companies will offer a higher settlement during this time to avoid going to trial. However, if your case makes it to trial, you and your attorney must prepare a strong argument with convincing evidence to present to the judge.

Remember that even if you have filed a claim and still need to file a personal injury lawsuit, you must do so before the two-year time limit expires. Filing a claim does not give you any additional time to file a lawsuit.

Why do we need a statute of limitations in York, PA?

One of the most frequently asked questions by accident victims is, “Why do we need a statute of limitations?” This is a good question, as many people do not understand why there needs to be a time limit forcing them to take legal action and seek much-needed compensation for their medical costs, bills, and expenses before the deadline. Here are two main reasons why we typically need a statute of limitations:

  1. It ensures that victims of accidents file a lawsuit against the at-fault party within a reasonable amount of time. Without a statute of limitations, people may wait several years or even decades to file lawsuits. This could cause many challenges as the evidence will likely become destroyed, and the at-fault party may not remember the accident they caused.
  2. Courts would be full all the time. While courts are typically very busy, they would be even busier with cases from years and decades ago. As a result, judges and jurors would be overwhelmed, and it could be many years before victims could reach resolutions or receive the financial recovery they deserve.

What if I wait until the deadline has passed to sue the at-fault driver?

Waiting to file a lawsuit can lead to the judge tossing your case because you missed the statute of limitations. Pennsylvania courts follow the two-year deadline, meaning you will only be given additional time if you meet one of the exceptions mentioned above.

If you or a family member were recently hurt in a collision, please do not hesitate to reach out to a York car accident lawyer from KBG Injury Law right away. Call our office at 717-864-6390 or submit our contact form to schedule a free case evaluation in York, Gettysburg, Harrisburg, Lancaster, or Hanover today.

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