How Long Do I Have to File a Claim in Erie, Pennsylvania?

For most personal injury cases in Pennsylvania, a claim must be filed within two years of when the injury happened. That means if your accident occurred two years and one day ago, you cannot file a lawsuit.

If your case involves medical malpractice, the usual statute of limitations is two years. However, there is an exception referred to as the discovery rule, which causes the statute to start running when you knew or should have known that you were injured by a medical practitioner’s negligence.

If your case involves wrongful death, the statute does not begin to run until the person dies. If someone’s negligent behavior hurt a loved one a year ago – before the individual dies, the wrongful death statute does not begin to run until the date that person dies. In that kind of situation, a wrongful death claim is filed two years from the date of death and not the injury date.

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