The "statute of limitations" is a time deadline for filing a legal case. Depending on the type of case, the time is measured to start from an event. For example, where there has been a car accident, the time would be measured from the date of the car accident. For a contracts case, the time would typically start from either the date the contract was broken by one of the parties or possibly from the date it was signed.
For personal injury cases in Pennsylvania, the general rule is that the statute of limitations is two years from the date of the incident. There are some limited exceptions. (For example, in a limited tort car accident case, the deadline may be extended to be two years from the date that you knew or should have known that your injury met the "serious injury" requirement of limited tort). There are also some other exceptions where a government agency or entity is involved. (For esample, in a case involving a claim that a state or local highway or road was defective, there is a requirement to give written notice to the state/local agency within 180 days). It is recommended that you check with an attorney to get an opinion as to the applicable deadlines on your case.
HOW TO MEET THE STATUTE OF LIMITATIONS
The statute of limitations deadline in Pennsylvania for injury cases or insurance cases is met when you file a case with the appropriate court. This is typically done by filing either a Civil Action Complaint or a Summons in either the correct County Court or the Federal Court. In some situations, you may be able to file with the District Justice. You must then also serve the suit papers on the opposing party(ies). An attorney should be consulted as to which court to file the suit and what should be filed.
WHAT HAPPENS IF NOTHING IS FILED BY THE DEADLINE?
If the case is not filed with the appropriate court by the deadline, then the statute of limitations by law terminates any legal rights you may have had. You generally can not go back later and file.
If you would like more information, feel free to contact us.
David E. Schreiber
(610) 792-3304
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