{"id":41734,"date":"2020-04-16T16:21:43","date_gmt":"2020-04-16T20:21:43","guid":{"rendered":"https:\/\/ciccarelli.com\/philadelphia-injury-lawyers\/?p=41734"},"modified":"2020-04-14T18:10:54","modified_gmt":"2020-04-14T22:10:54","slug":"can-you-file-a-lawsuit-after-the-statute-of-limitations-deadline","status":"publish","type":"post","link":"https:\/\/ciccarelli.com\/philadelphia-injury-lawyers\/can-you-file-a-lawsuit-after-the-statute-of-limitations-deadline\/","title":{"rendered":"Can You File an Injury Lawsuit After The Statute of Limitations Has Run Out?"},"content":{"rendered":"

Every state is responsible for placing a time limit on how long victims of personal injuries have to file a lawsuit against the alleged at-fault party to recover compensation for their damages. This is called the statute of limitations. In Pennsylvania, the statute of limitations for personal injury cases is two years from the date that the injury occurred. Any personal injury lawsuit filed after this two-year limit will almost always be dismissed. However, the Philadelphia injury lawyers<\/a> at the Ciccarelli Law Offices want to discuss some exceptions to this rule.<\/p>\n

\"Can<\/p>\n

Discovery Rule<\/h2>\n

Generally, the two-year period in which a person has to file a lawsuit against the at-fault party begins on the date the injury occurs. However, the two-year \u201cclock\u201d could be delayed if the injured person does not know about their injuries. When this happens, the two-year clock will start when the injured person discovers they have been injured. This is called the \u201cdiscovery rule.\u201d This rule is important because there are times when an injury is not apparent until after the two-year time frame has passed. An example of this could be when a surgical instrument, such as a sponge, is left behind inside a patient during surgery. The sponge may not cause a patient any harm for years, well after the two-year personal injury deadline expires.<\/p>\n

Injured Minors<\/h2>\n

If a person injured due to the negligent actions of somebody else is under the age of 18 (and is not a legally emancipated minor) at the time the injury occurs, the two-year time limit will not begin until the injured person turns 18. This is called \u201ctolling\u201d the time limit. For example, if a minor is injured in a car accident when they are 16, they will essentially have until they turn 20 years of age to file a personal injury lawsuit against the alleged at-fault party.<\/p>\n

Special Cases<\/h2>\n

The two-year statute of limitations for Pennsylvania personal injury cases can also be tolled for other reasons. If, at any point after the incident in question, but before a lawsuit can be filed, the person who allegedly caused the plaintiff\u2019s injuries (1) leaves the state for more than four months or (2) conceals themselves within the state by using a false name, then the period of absence or concealment will not count as part of the two-year time limit.<\/p>\n

Contact Ciccarelli Law Offices | Free Consultations<\/h2>\n

If you or somebody you love has been injured due to the careless or negligent actions of somebody else, please seek legal assistance today. At the Ciccarelli Law Offices, our knowledgeable and experienced team is ready to get to work investigating your case so we can secure any compensation you are entitled to. This can include:<\/p>\n