Yes, the statute of limitations is different for injuries sustained on government property than in other cases in Pennsylvania. Understanding your legal responsibilities and options is imperative in protecting your rights and future. Work with an experienced York County, PA personal injury attorney for skilled representation and legal advice today.
What is the Statute of Limitations for Personal Injuries in PA?
The statute of limitations for a personal injury claim or lawsuit in Pennsylvania is two years. This means that as the victim of an injury, you have two years from the date of the incident to take legal action against the negligent or responsible party.
§ 5524 of Pennsylvania Code outlines a two-year limitation for certain legal actions and proceedings, which includes, “An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”
This does not mean that the claim or lawsuit has to be resolved in two years, as certain cases are complex and can last much longer than that. However, you do have to initiate legal action within this time frame, or else you will lose your right to compensation and damages.
Is the Statute of Limitations Different for Injuries Sustained on Government Property in PA?
Some states reduce the statute of limitations for a personal injury case if the defendant in the legal action is a government entity. In Pennsylvania, yes, the statute of limitations is different for injuries sustained on government property than for injuries that do not have anything to do with state or local agencies.
The statute of limitations for injuries sustained on government property is 6 months in Pennsylvania, per § 5522. The same goes for the notice of claim.
What is a Notice of Claim
The notice of claim or notice prerequisite to action against a governmental unit is outlined in the same statute as the 6-month statute of limitations. A notice of claim is a formal document that is designed to inform a government agency of your intention to take legal action against it. This legislation enforces the following.
“Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth or elsewhere against a government unit for damages on account of any injury to his person or property…shall file in the office of the government unit, and if the action is against a Commonwealth agency for damages, then also file in the office of the Attorney General, a statement in writing, signed by or in his behalf, setting forth:
(i) The name and residence address of the person to whom the cause of action has accrued.
(ii) The name and residence address of the person injured.
(iii) The date and hour of the accident.
(iv) The approximate location where the accident occurred.
(v) The name and residence or office address of any attending physician.”
If the notice of claim is not filed within 6 months of the accident, any attempt you make to take legal action for your injuries or damages will be dismissed.
Personal injury law is often complex, so it is always recommended to consult with a skilled attorney. Contact Ilkhanoff & Silverstein to set up a consultation with an experienced lawyer today.
