Statutes of Limitation

Personal Injury Law In Pennsylvania

Most people know the term "Statute of Limitation" from TV courtroom dramas - but what does it really mean?

It’s common to read of legal cases being settled years after the event, especially personal injury and medical malpractice cases. Maybe that’s why many people believe these lawsuits can be filed at any time. That is simply not true. Though there are exceptions and these laws vary from state to state, in Pennsylvania, personal injury and medical malpractice suits generally must be filed within two years of the incident. (but see Infant Tolling Statute.) In addition to the statute of limitations, some claims may also be barred by a Statute of Repose. For example, the Medical Care Availability and Reduction of Error (MCARE) Act created a seven year Statute of Repose for most claims against health care providers in Pennsylvania (a link to the full text of the MCARE act is provided here; the MCARE act, like any complex legislation, should not be interpreted without the assistance of an attorney). This is because access to the justice system is provided only to those who act promptly. In other words, wrongs and rights should be judged when evidence is fresh and at hand. That’s why if you or someone you know suffers serious injury due to an accident, improper medical care or a product defect, it’s important to seek counsel promptly – even if you think you’ve waited too long.

Next Topic: Statutes of Limitation: Minors Tolling Statute.