Pennsylvania · Checked October 14, 2026
Pennsylvania personal injury law: how long you have to sue
In Pennsylvania, the general deadline to file a personal injury lawsuit is 2 years (42 Pa.C.S. § 5524(2)). Here are the deadlines for wrongful death and medical malpractice, the fault rule and the car insurance rules, each quoted from the state’s law.
Filing deadlines in Pennsylvania
| Type of claim | Deadline | What the law says | Law |
|---|---|---|---|
| Personal injury | 2 years | Two years for injuries to the person caused by the wrongful act, neglect or negligence of another. | 42 Pa.C.S. § 5524(2) |
| Wrongful death | 2 years | The same section covers an action “for the death of an individual.” | 42 Pa.C.S. § 5524(2) |
The clock usually starts on the day of the injury (or the death), but exceptions can shorten or pause it, including claims against government bodies and claims by children. Do not wait until the last month: lawyers need time to investigate.
If you were partly at fault: Modified comparative fault (51% bar)
You can recover if your negligence was not greater than that of the defendants you sue; your damages are reduced by your share. Source: 42 Pa.C.S. § 7102(a).
Car accidents: Choice: limited tort or full tort
With limited tort you keep claims for medical bills and other economic losses but cannot recover pain and suffering unless the injury is “serious” or an exception applies (for example a drunk driver). Full tort keeps an unrestricted right to sue. If you never chose, the law presumes full tort. Source: 75 Pa.C.S. § 1705.
What to do next
- Write down the date of the injury and count forward to your deadline.
- Keep medical records, photos, the police report and insurance letters.
- Talk to a Pennsylvania lawyer well before the deadline. Most injury lawyers work on contingency, so the first consultation is usually free.
Guides: car accidents · medical malpractice · wrongful death · other states
Frequently asked questions
What is the statute of limitations for personal injury in Pennsylvania?
2 years in most cases (42 Pa.C.S. § 5524(2)). Some claims, including those against government bodies, have different deadlines.
How long do you have to file a wrongful death claim in Pennsylvania?
2 years (42 Pa.C.S. § 5524(2)).
Can I recover if I was partly at fault in Pennsylvania?
You can recover if your negligence was not greater than that of the defendants you sue; your damages are reduced by your share.
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General information from Pennsylvania’s statutes and official sources, checked October 14, 2026. Laws change and exceptions apply; this is not legal advice. AmericanAttorneys.net is not a law firm.