What is the deadline to file an injury lawsuit in Pennsylvania, and what extends it?

Last updated October 4, 2026.

In Pennsylvania, most lawsuits for an injury or a death caused by someone else's negligence must be filed within two years (42 Pa.C.S. 5524). Several rules change that clock: a child's two years do not start until the 18th birthday, a claim against a government body needs a written notice within six months, and a few situations pause the deadline. Missing the date usually ends the case, no matter how strong it was.

This page explains the deadlines for injury claims we handle from our Media office, listed on our personal injury page. Insurance negotiations do not stop the clock, so the date matters from the first week.

How does the two-year clock work, step by step?

The statute of limitations is a filing deadline. It is not a deadline for settling, for finishing treatment or for an insurer to make an offer. Here is how it runs in a typical case:

1. The clock starts when the claim "accrues." Pennsylvania counts limitation periods from the time the cause of action accrued (42 Pa.C.S. 5502(a)). In a crash or a fall, that is usually the day of the accident.
2. The period is two years for most injury claims. Section 5524 lists actions for injuries to the person or for death caused by negligence, actions for assault and battery, and actions for damage to personal property, all with a two-year limit.
3. Filing means starting the lawsuit in court. In Delaware County, civil cases, including suits by individuals, are filed with the Civil Division of the Office of Judicial Support in Media, according to the county. A demand letter or an insurance claim does not count.
4. Exceptions are applied by the court, not by the insurer. If a defense lawyer says the case is late, the judge decides whether a tolling rule applies. The person filing has to be ready to prove it.
5. After filing, the case follows the court's own schedule. In Delaware County, a case worth $50,000 or less (not counting interest and costs) goes first to compulsory arbitration, and the hearing date is set at the first available date no less than 270 days after filing (Delaware County Local Rules 1301 and 1303).

Separate clocks apply to some parts of the same accident. In a car crash, a lawsuit against your own insurer for unpaid first-party medical benefits has a four-year limit (75 Pa.C.S. 1721), while the injury claim against the other driver keeps the two-year limit. How your own auto policy affects what you can claim is covered in our page on limited tort and full tort.

Which deadlines apply to which claims?

What is the six-month notice for claims against the government?

Claims against a government unit carry an extra, much earlier step. Within six months after the injury, a person who plans to sue a government unit for injury to person or property must file a signed written statement in that unit's office. If the defendant is a Commonwealth agency, the statement must also be filed with the Attorney General (42 Pa.C.S. 5522(a)(1)). The statement must give:

• the name and home address of the person with the claim and of the person injured;
• the date and hour of the accident;
• the approximate location; and
• the name and address of any attending doctor.

Without the notice, a suit filed more than six months after the injury is dismissed, although the court must excuse the failure if there is a reasonable excuse (5522(a)(2)). For local government units, the time does not include up to 90 days when the injured person was incapacitated, the clock starts at death in a fatal case, and the notice is not a bar if the unit already had actual or constructive notice of the incident or condition (5522(a)(3)). Do not rely on those exceptions if the notice can still be sent on time.

Notice is only the first hurdle. Government bodies are immune except in listed categories. For Commonwealth parties these include operating a motor vehicle, medical care at Commonwealth facilities, dangerous conditions of Commonwealth real estate, highways and sidewalks, and potholes where the agency had written notice in time (42 Pa.C.S. 8522(b)). For local agencies such as townships and boroughs, the categories include vehicles, real property, traffic controls and street lighting, utility facilities, streets and sidewalks, each with its own notice requirement (42 Pa.C.S. 8542(b)). Damages are also capped: $250,000 per plaintiff and $1,000,000 in total against Commonwealth parties (8528(b)), and $500,000 in total against local agencies (8553(b)). Falls on public property raise these questions often, as our page on slip and fall cases notes.

What changes the answer?

• The injured person is a child. If the injured person is an unemancipated minor when the claim accrues, the years of minority do not count, and the person has the same two years after turning 18 (42 Pa.C.S. 5533(b)(1)). In practice that means until the 20th birthday. A settlement of a child's claim still needs court approval (Pa.R.C.P. 2039).
• Childhood sexual abuse. Someone abused before 18 has 37 years after turning 18 to sue; someone abused at 18 to 23 has until age 30 (5533(b)(2)).
• Mental illness or imprisonment. Unlike minority, insanity or imprisonment does not extend the deadline unless another statute says so (5533(a)).
• The person at fault left Pennsylvania. Time when the defendant is out of the state for four months or more, or living here under a false name, can be excluded, but not when the defendant can still be served, for example through a registered agent (42 Pa.C.S. 5532).
• A court stay. If a court order or a statute stays the filing, the stay does not count against the period (42 Pa.C.S. 5535(b)).
• A first lawsuit that ended. Pennsylvania's one-year grace period to refile after a case ends does not apply to injury and death actions (5535(a)(2)). A dismissed injury case usually cannot simply be filed again.
• A medical error. Malpractice claims follow the two-year rule plus MCARE's special provisions; see how long you have to file a malpractice claim.

For example: one crash, three clocks

Here is a hypothetical. On March 10, 2026, a driver from Upper Darby is rear-ended at a red light by a township public works truck. Her 15-year-old son is in the passenger seat. Both are hurt.

Because the truck belongs to a local agency, the first deadline is the written notice to the township within six months, by September 10, 2026, listing the details section 5522 requires. Vehicle operation is one of the categories where a local agency can be liable (8542(b)(1)), and any recovery against the township is subject to the $500,000 aggregate cap.

The mother's own lawsuit must be filed by March 10, 2028. Her son's two years do not start until his 18th birthday, so his claim stays open longer, but a settlement of his claim before he turns 18 needs a judge's approval. Her claim against her own insurer for medical bills that went unpaid runs four years under section 1721. The family should not wait for the son's later date to deal with the mother's earlier one. This example only illustrates how the rules interact; real dates depend on the facts and the documents.

If the other driver had also been partly at fault, or the mother herself had been, the deadline would not change, but the amount could. That is covered in recovering when you were partly at fault.

What mistakes do people make with injury deadlines?

• Thinking an open insurance claim protects them. Negotiation with an adjuster does not pause section 5524. Only filing in court does.
• Missing the six-month government notice. SEPTA, township, county and state vehicles and property all raise the question; find out who owns the vehicle, road or building early.
• Counting from the wrong date. The clock usually starts on the accident date, not the day treatment ends or the day a bill arrives.
• Assuming a child's extended deadline covers the parents. Parents' own claims, such as for medical bills they paid, may follow a different timeline than the child's claim.
• Waiting for the full extent of the injury. A case can be filed and then developed; waiting for a final diagnosis can cost the claim. Serious, long-term injuries, described on our catastrophic injuries page, usually need the most preparation time.
• Relying on a lawsuit filed in the wrong place or against the wrong party. If that case is dismissed, the refiling grace period does not help in injury actions.

What should I do this week?

1. Write down the exact date, time and place of the accident.
2. Identify every possible defendant, and whether any of them is a government unit, a public transit vehicle or public property.
3. If a government unit may be involved, calendar the six-month notice date now.
4. Get the police or incident report and the names of witnesses.
5. Keep every medical record, bill and insurance letter in one folder.
6. Note the birth date of any injured child, which sets the child's deadline.
7. Book a consultation well before the two-year date; filing takes preparation.

Frequently asked questions

Is the deadline the same for a wrongful death claim?

Yes. Actions for a death caused by negligence are in the same two-year list (42 Pa.C.S. 5524(2)). Who files, and for whom, is explained in wrongful death and survival actions.

Does the deadline change if the crash happened in Delaware County but I live in another state?

The Pennsylvania deadline applies to a Pennsylvania lawsuit regardless of where you live. If the other driver lives out of state, the absence rule in section 5532 rarely helps, because out-of-state drivers can usually still be served.

What if I did not know I was hurt right away?

The clock runs from when the claim accrued (42 Pa.C.S. 5502). When an injury or its cause was not knowable at first, the accrual date itself can be disputed, which is a reason to get advice early rather than a reason to wait.

Can a lawsuit be filed and settled later?

Yes. Many cases settle after they are filed. Filing protects the claim; it does not prevent a settlement.

Where would my case be filed?

Usually in the county where the accident happened or where a defendant can be served (Pa.R.C.P. 1006). For a Delaware County case, that is the Court of Common Pleas in Media; our Delaware County overview explains which office handles what.

Is there a separate deadline for my car insurance benefits?

Yes. A suit for unpaid first-party benefits must be filed within four years of the accident, or within four years of the last payment if benefits were paid (75 Pa.C.S. 1721). Benefits not paid within 30 days of reasonable proof are overdue and carry 12 percent interest (75 Pa.C.S. 1716). Our car accident page covers these claims.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about your deadline. Evening and weekend appointments are available, and hospital visits can be arranged.