Understanding Statute of Limitations for Personal Injury Lawsuits in Your State
March 12, 2025
You may have heard the saying, “Justice delayed is justice denied.” It’s often used when talking about victims of crimes. However, the concept applies to personal injury cases in a way many people don’t even realize: If you wait too long to file a personal injury claim, you may lose your right to seek any kind of compensation. To make sure you don’t miss your chance, you should be familiar with your state’s statute of limitations. Here’s what to know about statute of limitations, injury claims, and when to talk to a lawyer.
Every state has a statute of limitations — a time limit for filing a claim — for personal injury lawsuits. Pennsylvania and New Jersey each have a personal injury statute of limitations of two years, but there are some exceptions.
What’s a Statute of Limitations?
If you’re in a car accident or another incident and suffer serious injuries, you may want to file a personal injury claim against the responsible party. You don’t have to do so immediately, but you can’t wait forever, either. The statute of limitations is essentially a deadline for pursuing legal action.
The “countdown” to the deadline generally starts on the day of the accident, although there are some exceptions. For example, if you get hurt in a car accident on January 5, 2025, and your state has a three-year statute of limitations, you would have until January 5, 2028, to file a lawsuit.
It’s important to note that the deadline is for filing the lawsuit. Your case does not have to be completed by then.
Injury Lawsuit Deadlines in Pennsylvania and New Jersey
Make Sure You Know Your State’s Statute of Limitations
Our firm serves clients throughout Pennsylvania and New Jersey. Pennsylvania law sets a two-year statute of limitations for personal injury lawsuits. New Jersey state law does the same.
Some of our clients hear that and think that means they should wait until the two-year limit gets close before coming to talk to us. However, we strongly encourage you to contact us as early as possible. Building a personal injury case takes time. If our lawyers are scrambling to meet a deadline, we won’t be able to investigate and document your case as thoroughly as we’d like. If your case isn’t strong enough, there’s a very real possibility you’ll lose your lawsuit.
This isn’t to say you have to rush to the office the day of your accident. However, it’s generally a good idea to get in touch once you’re medically stable. That way, we can offer advice on documenting your injuries and maximize your chances of filing a personal injury lawsuit down the line.
Are There Any Exceptions to the Statute of Limitations?
Many people are aware of the statutes of limitations, but they don’t always realize that there are several possible exceptions. These exceptions don’t apply in every case, but they’re useful to know.
The “Discovery Rule”
In most cases, you know exactly when you suffer a serious injury. However, serious illnesses and injuries aren’t always obvious (or obviously due to negligence). The “discovery rule” states that the statute of limitations begins when you discover that your injury was the result of negligence or when you reasonably should have discovered it.
For example, imagine you work at a chemical plant. You suffer a severe, persistent respiratory illness, and none of your doctors can diagnose it. Several months later, you read an article in the paper detailing how your employer has been illegally using hazardous chemicals that can cause lifelong respiratory problems.
In this instance, the countdown to the statute of limitations would most likely start on the day you read the expose. That’s the first time you realized your respiratory problem wasn’t just a strange illness — and that it was likely the result of your employer’s negligence.
Not sure if you still have time to file a lawsuit? Call us at (215) 569-0900 for a free consultation.
If the Injured Person Is a Minor
Children cannot file personal injury lawsuits themselves, and, unfortunately, their parents may not always be willing to. That’s why many states, including Pennsylvania, “toll” the beginning of the statute of limitations until an injured child turns 18.
For example, if you are severely injured in a truck accident at the age of 10, you have until two years after your 18th birthday to file a personal injury lawsuit. However, a parent may file the lawsuit on your behalf before then.
If the Injured Person Is Incapacitated
Another situation where the statute of limitations can be “tolled” is when the injured person is incapacitated or unable to soundly assess the legal options they have. Incapacitation can happen for a number of reasons:
- The person is suffering from severe mental health issues.
- The person is in a coma.
- The person is suffering from a serious illness.
- The person is incarcerated (this does not always apply).
While an injured person is incapacitated, the statute of limitations effectively pauses. However, it starts up as soon as they regain capacity, so it’s important to act quickly.
If the Defendant Is Hiding
Sometimes, someone who knows they’re about to be sued will flee the state. They hope that because the plaintiff won’t be able to legally serve them lawsuit papers, they can simply wait out the statute of limitations. To prevent this from derailing personal injury cases, most states will pause the statute of limitations until the defendant is found or resurfaces.
The “Continuous Treatment” Rule
If you are filing a medical malpractice lawsuit against a doctor, the statute of limitations doesn’t begin until your course of treatment with that particular doctor has ended. For example, if your doctor botches a surgery and continues to treat you for it for another six months, the countdown to the statute of limitations begins once those six months have passed.
What if the Statute of Limitations Has Already Passed?
If you were hoping to pursue legal action but were unaware of the statute of limitations, you might understandably be disappointed. However, we still encourage you to contact us. There’s a possibility that your case falls under one of the exceptions to the statute of limitations. These exceptions are fairly uncommon, but that doesn’t mean that they don’t happen.
Have You Been Injured by a Negligent Person?
Wapner Newman Is Ready to Stand Up for Your Rights
The law surrounding personal injury cases is incredibly intricate, and statutes of limitations are just the beginning. For most people, navigating the legal system is a challenge on a good day — let alone when they’re trying to heal from a life-altering injury. When you have an experienced personal injury lawyer working with you, you can take the time to focus on healing.
At Wapner Newman, we take great pride in representing injured people across all of Pennsylvania and New Jersey. We regularly secure multimillion-dollar verdicts and settlements for our clients, but for us, pursuing legal action isn’t about money — it’s about empowering you to overcome your injury and take back control of your life.
If you’ve been injured in a car accident or other incident you didn’t cause, you may be able to recover compensation. Call Wapner Newman at (215) 569-0900 or get in touch online to schedule your free consultation!