September 12, 2024 | Uncategorized

Statute of Limitations for Car Accidents in Pennsylvania

Senior male driver with whiplash injury getting out of car after traffic accidentMost individuals involved in a Pennsylvania car accident may not expect that time restrictions could limit their ability to seek fair compensation. Unfortunately, strict legal deadlines are in place that can leave an individual without the financial recovery they deserve if not addressed properly. 

When facing medical bills, missed workdays, and other consequences, letting the car accident statute of limitations in Pennsylvania lapse can lead to a complete loss of the right to pursue compensation. Understanding these deadlines and taking appropriate legal steps can help ensure that justice is served and fair compensation is secured. 

Working with an Easton car accident attorney from Sharma Law Office can make all the difference in maximizing the opportunity to file claims within the required timeframe.

Pennsylvania Car Accident Statute of Limitations

In Pennsylvania, the statute of limitations for car accident claims is governed by 42 Pa. Cons. Stat. §5542. Under this law, you generally have 2 years from the date of the car accident to file a lawsuit. This time frame applies to personal injury claims as well as property damage claims stemming from a car accident.

Failing to file your claim within this two-year window can result in your case being dismissed, regardless of the severity of your injuries or the strength of your evidence. It is crucial to consult with an experienced car accident attorney to ensure your case is filed promptly and accurately.

Exceptions to Car Accident Statute of Limitations  

While the general rule is two years, certain exceptions may apply to the car accident statute of limitations in Pennsylvania:

  • Minors: If the injured party is a minor at the time of the accident, the statute of limitations does not begin until their 18th birthday. This effectively extends the filing deadline to two years after they turn 18.
  • Discovery of Injuries: Some injuries may not be immediately apparent. In such cases, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered.
  • Defendant’s Absence: If the at-fault party leaves Pennsylvania after the accident and before a lawsuit can be filed, the statute of limitations may be paused until they return to the state.
  • Government Entities: Claims against government entities have a shorter deadline. For example, if your car accident involves a government entity, you must file a notice of claim within 6 months of the accident.

These exceptions demonstrate the importance of seeking legal guidance from a qualified car accident lawyer in Easton, PA to understand how the law applies to your specific situation.

What Happens if You Failed to Meet the Time Limit?

Missing the statute of limitations for Pennsylvania car accidents can have severe consequences. If you attempt to file a lawsuit after the deadline has passed, the court will likely dismiss your case. 

This means that you forfeit your right to car accident compensation. You cannot recover damages for medical expenses, lost wages, pain and suffering, or property damage.

But considering other circumstances like I mentioned above, they may allow you to argue for an extension. Consulting with a car accident lawyer in Easton promptly after a Pennsylvania car accident ensures you do not risk missing critical deadlines.

Our Car Accident Lawyer in Easton, PA Can Help You 

At Sharma Law Office, we provide personalized legal support to help you secure the compensation you deserve.

Our attorneys in Easton can assist:

  • Timely Filing: We ensure all legal documents are filed within the statute of limitations.
  • Comprehensive Case Analysis: Our car accident attorney evaluates your case, identifies applicable exceptions, and builds a strong legal strategy.
  • Negotiating with Insurers: We handle negotiations with insurance companies to maximize your settlement.
  • Trial Representation: If necessary, we are prepared to take your case to court.

Don’t let legal deadlines jeopardize your right to justice. Contact Sharma Law Office today for a consultation with a skilled car accident lawyer in Easton, PA.