Pennsylvania Statute of Limitations
A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Personal Injury Actions
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. Pennsylvania does, however, have a "discovery rule," which, in limited cases, extends the time for filing a personal injury action. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.
Special Rules for Minors
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
A workers' compensation claim must be filed within three years of the date of the injury or disability. You have 120 days to report the injury to your employer.
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