Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
A wrongful death action must be filed within two years of the date of death.
Generally, personal injury actions must be brought within four years of the date of the injury.
Actions against health care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years from the date that the injury was, or should have been, discovered. In no event may a person file a medical malpractice action more than four years from the date of the act giving rise to the injury. These time limitations also apply to minors under 18.
In these cases, suit must be filed within one year after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the object. These limitations also apply to minors under 18.
Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years from the date the plaintiff discovered, or should have discovered, both the harm and its cause.
Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor’s 18th birthday.
Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.