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How Long Do You Have to File an Injury Claim in PA?

Published April 9, 2026  |  5 min read

One of the most common — and most important — questions after an injury: how long do I have to take legal action? The answer depends on the type of injury, where it happened, and who was responsible.

Miss the deadline and you lose your right to file a lawsuit. Period. Here's what you need to know.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline for filing a lawsuit. Once the clock runs out, courts will almost certainly dismiss your case — no matter how strong the evidence. These deadlines exist in every state and vary by the type of claim.

Pennsylvania Deadlines by Case Type

Car Accidents

2 years from the date of the accident to file a personal injury lawsuit. Property damage claims also have a 2-year deadline. If someone died as a result, the wrongful death claim must also be filed within 2 years of the date of death.

Slip and Fall / Premises Liability

2 years from the date of the fall or injury. If the fall occurred on government-owned property (a city sidewalk, public building, SEPTA station), you may need to file a notice of claim within 6 months — a much shorter window.

Workers' Compensation

Workers' comp in PA operates on different timelines:

• 21 days: Report your injury to your employer to receive benefits from the date of injury
• 120 days: Absolute deadline to report, or you lose eligibility
• 3 years: Deadline to file a Claim Petition if your employer or insurer denies benefits

Medical Malpractice

2 years from the date you knew (or should have known) about the injury. Pennsylvania also has a 7-year statute of repose — meaning no claim can be filed more than 7 years after the medical act, regardless of when the injury was discovered. A "Certificate of Merit" — a letter from a medical expert confirming the claim has merit — is also required before you can proceed.

New Jersey and Delaware Deadlines

Since YourMedLegal serves the Philadelphia metro area, here's how neighboring states compare:

Exceptions That Can Extend (or Shorten) the Deadline

• Discovery rule: The clock may start when you discover the injury, not when it actually occurred. This is common in medical malpractice and toxic exposure cases.
• Minors: If the injured person is under 18, the statute of limitations usually doesn't start until their 18th birthday.
• Government claims: Claims against government entities (city, state, SEPTA, school districts) often have much shorter notice deadlines — sometimes as little as 90 days.
• Mental incapacity: If the injured person is legally incapacitated, the clock may be paused (or "tolled") until capacity is restored.

What Happens If You Miss the Deadline?

In almost every case, your lawsuit will be dismissed. The defendant's attorney will file a motion, and the court will grant it. You won't get a hearing on the merits of your case. Insurance companies know this — which is why they sometimes delay, hoping you'll run out of time.

Don't wait. Even if you're not sure you have a case, talk to an attorney early. A free consultation costs you nothing and protects your rights.

This article is for informational purposes only and does not constitute legal advice. Every case is different. For guidance specific to your situation, consult with a licensed attorney.