Last reviewed: October 2026 by the InjuryLawResource Editorial Team. This guide is general information, not legal advice.
In Pennsylvania you generally have two years from the date of an injury to file a personal injury lawsuit. The rule is in 42 Pa.C.S. § 5524 and covers car accidents, falls, dog bites, wrongful death and most other negligence claims. If a city, township, school district, SEPTA or a state agency may be responsible, you must also file a written notice within six months. And if you chose “limited tort” on your car insurance, your right to claim pain and suffering after a crash may be restricted.
Pennsylvania injury deadlines at a glance
| Type of claim | Deadline | Law |
|---|---|---|
| Personal injury (negligence) | 2 years from the injury | 42 Pa.C.S. § 5524(2) |
| Wrongful death and survival actions | 2 years, generally from the death | § 5524(2) |
| Medical malpractice | 2 years from when the injury and its cause were, or should have been, discovered | § 5524(2) |
| Claim against a government body | Written notice within 6 months, lawsuit within 2 years | § 5522(a) |
| Injured child | 2 years from the 18th birthday | § 5533(b) |
When the two years start and what pauses them
The clock normally starts on the day you were injured. Pennsylvania courts apply a discovery rule where a person could not reasonably have known about the injury or its cause at the time, which matters most in medical malpractice and exposure cases. For an ordinary accident, assume the date of the accident.
- Children. The time a person spends under 18 does not count, so a child injured in an accident generally has until their 20th birthday to file (§ 5533(b)). Claims for childhood sexual abuse have much longer periods.
- Parents’ own claims. A parent’s separate claim for a child’s medical bills is not extended in the same way, so do not wait for the child to turn 18.
Claims against the government: six months’ notice
If a government body may be responsible, for example a city, township, county, school district, SEPTA or PennDOT, you must file a signed written statement with that body within six months of the injury (42 Pa.C.S. § 5522(a)). For a claim against a Commonwealth agency, a copy must also go to the Attorney General. The statement must give the names and addresses of the claimant and the injured person, the date and hour of the accident, its approximate location, and the name and address of any treating doctor. A court can excuse a late notice if you show a reasonable excuse, but do not rely on it.
Government liability is also limited. Pennsylvania only allows claims against government bodies in specific categories, such as vehicle accidents, dangerous conditions of property, sidewalks and potholes, and it caps damages: $250,000 per person and $1 million per incident for Commonwealth agencies (§ 8528), and $500,000 per incident for local agencies such as cities and school districts (§ 8553). On October 1, 2026, in Freilich v. SEPTA, the Pennsylvania Supreme Court upheld the $250,000 cap, so it continues to apply.
Car accidents: limited tort and full tort
Pennsylvania is a “choice no-fault” state. Every car insurance policy must include at least $5,000 in first-party medical benefits, which pay your medical bills after a crash whoever was at fault. When you buy the policy you also choose between two options:
- Full tort: you keep the full right to sue an at-fault driver for medical bills, lost income and pain and suffering.
- Limited tort: a cheaper premium, but you can recover pain and suffering only if you have a “serious injury”, meaning death, serious impairment of a body function, or permanent serious disfigurement (75 Pa.C.S. §§ 1702, 1705). You can still recover medical bills and lost income.
Limited tort does not apply in some situations, including when the at-fault driver is convicted of DUI or accepted into the ARD program, the at-fault car is registered in another state, the at-fault driver was uninsured, or you were riding in a vehicle that is not a private passenger car, such as a bus or taxi. Check your declarations page to see which option you chose.
Medical malpractice
A medical malpractice lawsuit must be filed within two years of when you knew, or reasonably should have known, that you were injured and that medical care caused it. The MCARE Act also set a seven-year outer limit, but in Yanakos v. UPMC (2019) the Pennsylvania Supreme Court held that limit unconstitutional, so the discovery rule now governs. Before or soon after filing, you need a certificate of merit stating that a qualified professional believes the care fell below the accepted standard, so these cases take time to prepare.
How fault affects what you recover
Pennsylvania uses modified comparative negligence. Your compensation is reduced by your share of the blame, and you recover nothing if your negligence was greater than that of the defendants combined (42 Pa.C.S. § 7102). In practice, at 51% or more you lose the claim, and at exactly 50% you can recover half. Pennsylvania does not cap pain and suffering in ordinary injury or malpractice cases against private defendants.
What happens if you miss the deadline
The defendant will ask the court to dismiss the case, and the court almost always will. Insurers know this, so once the deadline passes they have no reason to pay. Negotiating with an adjuster or waiting on an offer does not pause the clock. Only filing the lawsuit, or one of the exceptions above, does.
To see how this state’s fault rule compares with the rest of the country, see comparative negligence rules in all 50 states.
Frequently asked questions
Is the deadline for a Pennsylvania car accident two years?
Yes, for a lawsuit against another driver. If a SEPTA vehicle, a city vehicle or a road defect was involved, written notice to that government body is due within six months.
I have limited tort. Can I still claim pain and suffering?
Only if your injury counts as serious, or an exception applies, such as the other driver being convicted of DUI, driving an out-of-state car or having no insurance. You can always claim medical bills and lost income.
Can I still recover if I was partly at fault?
Yes, as long as you were not more at fault than the defendants combined. Your compensation is reduced by your percentage of fault.
I was hurt in Pennsylvania but live in another state. Which deadline applies?
Usually Pennsylvania’s, because the case would normally be filed where the injury happened. Compare deadlines in our 50-state table, or work out your date with the deadline calculator. When you are ready, see how to find a personal injury lawyer.
Sources
- Pennsylvania Judicial Code, 42 Pa.C.S. §§ 5522, 5524, 5533, 7102, 8528 and 8553 (Title 42 on the General Assembly website)
- Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §§ 1702, 1705 and 1711
- Freilich v. SEPTA (Pa. Oct. 1, 2026) and Yanakos v. UPMC (Pa. 2019)
Checked in October 2026. Deadlines depend on the facts of each case. Confirm yours with a licensed Pennsylvania attorney.
